OPENING  ARGUMENT 


OF 

HON.  MOODY  MERRILL 


BEFORE  THE 


COMMITTEE  ON  STREET-RAILWAYS, 


FOR  THE  REMONSTRANTS, 


AGAINST  THE  PETITIONS  OF  L.  A.  BIGELOW  AND  OTHERS, 
AND  CHARLES  E.  POWERS  AND  OTHERS,  FOR 
ACTS  OF  INCORPORATION  AS  ELEVATED 
RAILWAY  COMPANIES, 


THURSDAY,  FEBRUARY  20,  1879. 


REPORTED  BY  GEORGE  C.  BURPEE. 


BOSTON: 

3&antj,  ^berg,  & Co.,  Printers  to  tfje  ®flmm0ntoeattf), 

117  Franklin  Street, 

1879. 


Commerce.  2-  1 6 TauW  D £ 


ARGUMENT. 


Mr.  Chairman,  and  Gentlemen  of  the  Committee,  — 
I suppose,  on  the  matter  of  a petition  of  this  character,  it  is 
incumbent  upon  the  petitioners  to  satisfy  the  committee  and 
the  legislature  that  there  is  a public  necessity  or  demand  for 
the  granting  of  the  charter  asked  for.  Until  they  can  satisfy 
you  that  there  is  a public  necessity,  an  exigency  for  the  crea- 
tion of  such  a charter,  they  fail  in  their  petition.  Now,  as  I 
proceed,  allow  me  first  to  consider  the  evidence,  and  its  char- 
acter,, that  has  been  introduced  here  to  show  that  there  is 
a public  necessity  in  the  city  of  Boston  for  such  a charter. 
The  only  evidence  that  has  been  introduced,  so  far  as  I have 
heard,  is  the  mere  statement  of  the  leading  petitioner,  Mr. 
Powers,  that  the  horse-railroads  are  all  limited  in  the  accom- 
modations which  they  can  furnish  the  inhabitants  of  the  city. 
He  cites  the  Middlesex  Railroad  as  having  carried  during  the 
past  year  about  forty  passengers  per  round  trip.  He  says 
they  are  having  continual  complaints,  and  requests  for  the 
running  of  more  cars,  and  better  accommodations ; but  they 
are  unable  to  furnish  them  on  account  of  the  orders  of  the 
Board  of  Aldermen.  Now,  I think  if  the  president  of  the 
Middlesex  Railroad  would  apply  to  the  Board  of  Aldermen, 
and  say  there  is  a public  exigency  for  running  more  cars  into 
# the  city  as  far  as  Scollay  Square,  his  petition  would  be 
1 granted  without  delay.  I admit  there  was  an  order  passed 
last  fall  by  the  Board  of  Aldermen,  limiting  the  street-rail- 
ways in  the  number  of  cars  which  they  could  run  around  the 
Cornhill  circuit.  I was  present  in  the  Board  at  the  time  ; and 
I remember  of  suggesting  to  Mr.  Powers,  that,  so  far  as  limit- 
ing the  number  of  his  cars  to  Scollay  Square  was  concerned, 
the  chairman  of  the  Board  had  said  he  did  not  intend  to 
limit  them  to  that  point ; and  he  had  better  speak  to  the 
chairman,  and  have  that  struck  out  of  the  order. 


P 


243?t> 


4 


Mr.  Powers.  In  reply,  I will  say  that  I tried  to  have  it 
struck  out,  but  they  would  not  do  it : they  restricted  us  so 
that  we  could  not  run  the  cars  to  Scollay  Square  that  we 
had  previously  run. 

The  Chairman.  Mr.  Merrill  has  the  floor. 

Mr.  Merrill.  I am  very  glad  to  have  interruption  as  I 
proceed.  If  I am  wrong,  I am  willing  to  be  interrupted. 
What  I want  is  to  state  the  facts  honestly ; if  I am  not  cor- 
rect, I want  to  be  corrected  on  the  spot.  Now,  the  Highland 
Company  can  run  cars  as  far  as  Temple  Place  without  limit, 
but  we  can  run  only  a limited  number  around  the  Cornhill 
circuit.  If  there  is  a demand  in  Charlestown  for  more  cars, 

I have  no  doubt  that  before  next  Monday  night  Mr.  Powers 
can  get  the  Board  of  Aldermen  to  pass  an  order  to  allow  him 
to  run  the  necessary  number  of  cars  to  accommodate  his 
patrons  as  far  as  Scollay  Square. 

Mr.  Powers.  They  won’t  do  it : I have  asked  them  to 
do  it. 

Mr.  Merrill.  Not  this  Board  of  Aldermen? 

Mr.  Powers.  ' Not  this  Board,  to  be  sure. 

Mr.  Merrill.  No  board  of  aldermen,  you  can  be  assured, 
would  refuse  to  allow  any  company  to  run  a sufficient  num- 
ber of  cars  to  accommodate  its  patrons  within  certain  limits 
of  the  city,  where  there  is  no  crowd ; and  Mr.  Powers 
knows  it. 

Now  let  us  look  at  the  accommodations  which  are  being 
furnished  by  the  other  street-railways,  for  a moment.  He 
says  that  during  the  past  year  they  have  carried  at  the  rate 
of  forty  passengers  per  round  trip.  How  is  it  with  the  High- 
land and  Metropolitan  roads,  which  accommodate  the  South 
End  and  the  Highlands  ? The  average  number  of  passengers 
carried  by  the  Metropolitan  during  the  past  year  was  less  * 
than  thirty-two  per  round  trip ; those  carried  by  the  High- 
land were  less  than  thirty-five  per  round  trip.  These  com- 
panies, which  accommodate  at  least  three-quarters  of  all  the 
people  of  the  city  in  the  matter  of  horse-railroad  travel,  can 
accommodate  at  least  six  passengers  more  per  round  trip  on 
the  average  before  you  get  them  up  to  the  number  that  he 
carries  in  his  cars.  And,  when  you  consider  that  these  two 
companies  make  three  thousand  trips  per  day,  you  will  see 
that  they  are  able  to  cany  something  like  eighteen  thousand 


5 


people  per  day  more  without  increasing  the  number  of  cars 
or  the  number  of  trips  run.  That  shows  you  the  accommo- 
dation that  is  afforded  with  the  number  of  cars  that  are  run 
to-day. 

Now,  besides  the  accommodations  with  which  the  city  is 
already  furnished  by  way  of  their  street-railways,  we  must 
consider  that  within  ten  minutes’  walk  of  the  centre  of  the 
city,  or  the  business  portion,  we  have  steam-railroad  com- 
munication entirely  surrounding  the  city.  You  go  to  the 
south,  and  you  find  the  stations  of  the  Providence  Railroad, 
the  Boston  & Albany,  Old  Colony,  and  New-York  & New- 
England,  all  within  five  or  ten  minutes  of  City  Hall.  You 
find  on  the  north  side  the  Boston  & Maine  Railroad,  the 
Eastern,  the  Fitchburg,  and  the  Boston  & Lowell  stations, 
all  centering  within  five  or  ten  minutes  walk  of  City  Hall. 
Now,  how  is  it  in  New  York?  In  New  York  there  is  no 
steam  communication  within  four  or  five  miles  of  the  City 
Hall  or  the  Battery.  When  you  arrive  at  the  Grand  Central 
Depot,  you  must  then  go  four  miles  by  horse-cars  before  you 
can  get  to  the  centre  or  business  portion  of  the  city.  When 
you  go  to  Harlem,  where  there  is  substantially  no  steam- 
communication  with  down  town,  it  is  eight  or  ten  miles, 
and  the  only  accommodation  was  by  the  street-cars.  And  you 
know,  if  you  have  been  to  New  York,  that  the  street-car 
accommodations  in  that  city  are  greatly  inferior  to  those  in 
the  city  of  Boston.  There  is  no  city  in  the  country,  and  I 
may  say  there  is  none  in  the  world,  that  is  furnished  with  so 
much  and  so  good  horse-railway  accommodation  as  the  city 
of  Boston. 

Now  I sa}r,  if  you  take  away  the  street-car  accommodation 
from  the  citizens  of  Boston,  it  is  something  that  they  would 
not  be  satisfied  to  have  done.  I want  to  impress  upon  your 
minds  this  fact,  that,  if  you  establish  a system  of  elevated 
railways  in  the  city  of  Boston,  you  establish  it  at  the  cost 
of  the  entire  annihilation  of  the  street-railways.  If  you 
incorporate  a company  to  furnish  street-railway  accommoda- 
tions with  elevated  roads,  with  six  millions  of  capital,  it 
strikes  out  of  existence  six  or  seven  millions  of  capital 
already  in  use  for  the  accommodation  of  the  people  of 
Boston.  It  is  not  the  province  of  the  legislature  of  Massa- 
chusetts to  pass  any  act  which  shall  strike  out  of  existence 


6 


and  annihilate  or  even  jeopardize  the  interests  of  any  corpo- 
ration which  has  already  been  chartered  for  that  purpose. 
You  have  no  right,  when  you  have  given  me  a charter  to 
furnish  and  to  do  certain  things,  unless  I neglect  and  refuse 
to  furnish  and  do  those  certain  things,  to  grant  any  charter 
that  is  going  to  jeopardize  or  destroy  the  rights  which  you 
have  already  granted.  It  is  not  within  the  province,  and  it 
is  not  the  policy,  of  the  legislature,  to  inflict  upon  any  rights 
and  privileges  it  has  already  given,  a charter  which  is  to  de- 
stroy rights  already  granted.  It  is  your  duty  to  guard  that 
interest,  and  to  protect  it ; and  that  is  the  purpose  for  which 
you  assemble  here  in  this  State  House.  When  we  come  to 
the  matter  of  this  petition,  I wish  to  convince  you  that  if 
you  pass  an  act  of  this  kind  you  must  consider  that  you 
wipe  out  of  existence  the  street-railway  accommodations  of 
the  city  of  Boston;  and  it  is  for  you  to  judge  whether  the 
people  will  be  as  well  accommodated  with  the  elevated  road 
as  with  the  street-railways  and  the  steam-railways  as  they 
run,  and  environ  the  entire  city.  Boston  is  so  situated 
that  she  is  encircled  by  steam-railway  accommodations ; and 
this  fact  we  shall  show  by  witnesses,  and  by  a map  which  we 
have  prepared. 

I wish  you  to  understand  that  what  I state  to  be  the  effect 
upon  these  horse-railroads  is  not  a myth  or  an  assertion  of 
mine.  It  has  been  asserted,  I know,  that  it  has  not  materially 
affected  the  street-railway  companies  in  New  York.  I think 
both  petitioners  have  proceeded  upon  the  assumption  that  it 
has  not  materially  affected  them.  In  the  early  part  of  January 
I learned  from  one  of  the  petitioners,  Mr.  Powers,  that  it  had 
not  affected  them.  Notwithstanding  his  assertion,  I failed  to 
see  how  it  was  possible  it  could  be  so ; and  I consequently 
went  on  to  New  York  for  the  purpose  of  ascertaining  the 
truth.  I visited  the  street-railway  companies,  and  I found 
that  one  of  these  companies  where  this  elevated  railway 
runs,  — I would  like  to  have  }^ou  mark  this,  — which  had 
earned  $850,000  for  the  year  before  this  elevated  road  was 
built,  after  the  elevated  road  commenced  running  its  cars, 
there  was  a reduction  the  first  month  in  their  receipts  of 
$11,384;  the  second  month,  $12,376;  the  third  month, 
$14,500;  the  fourth  month,  $17,300  ; the  fifth  month,  $22,000 : 
which  makes  for  five  months  a loss  of  $77,760;  and  for  the 


7 


subsequent  months  it  was  in  even  a greater  ratio.  I was  in- 
formed by  Mr.  Powers  that  these  companies  had  taken  off  their 
one-horse  cars,  for  the  reason  that  their  roads  were  so  slightly 
affected  that  they  thought  it  was  not  necessary  to  run  them, 
and  they  could  go  back  to  the  two-horse  system.  I asked 
the  president  of  one  of  the  companies ; and  he  said  they  had 
not  taken  them  off,  and  the  reason  they  did  not  take  off  any 
more  of  the  two-horse  cars,  and  put  on  the  one-horse,  was 
because  their  property  was  going  “where  the  woodbine 
twineth,”  and  the  result  would  be  that  they  could  not  go  to 
the  expense  to  change. 

Mr.  Powers.  Didn’t  they  take  them  all  off? 

Mr.  Merrill.  They  are  running  all  of  them  now ; but 
did  not  make  the  entire  change  they  proposed,  for  the  reason 
I have  stated. 

Mr.  Powers.  Not  one  : they  were  not  yesterday. 

Mr.  Merrill.  Now,  this  is  the  effect  of  the  elevated  road 
on  this  horse-railwa}^.  What  has  been  the  result  on  the  other 
horse-railways  and  coach-lines?  Not  only  has  the  bad  effect 
been  seen  on  the  horse-railways  alone,  but  it  has  affected  the 
Broadway  and  Fifth-avenue  coach  lines  fifteen  and  twenty 
per  cent  in  their  receipts.  That  has  been  made  public  in  the 
newspapers.  The  presidents  of  the  horse-railways  said  to 
me,  if  anybody  should  come  to  them  they  should  say,  “ Ob, 
we  are  all  right.”  “ It  don’t  do  for  us  to  let  the  impression  go 
around,  that  we  are  going  to  ruin.  We  tell  it  you  as  a rail- 
road man,  and  you  mustn’t  use  it  so  as  to  have  it  get  back 
to  New  York.” 

Mr.  Powers.  What  corporation  ? 

Mr.  Merrill.  I will  not  tell  you  at  present : I will  tell 
you  and  the  committee  in  private. 

Mr.  Powers.  Do  you  pretend  to  say  it  was  any  one  of 
the  horse-railroad  companies  ? 

Mr.  Merrill.  I will  tell  you  in  private. 

Mr.  Powers.  They  tell  me  a different  story. 

Mr.  Merrill.  They  never  told  you  any  thing  about  it, 
for  you  never  asked  them : you  would  be  afraid  to,  for  it 
would  hurt  your  case.  I do  not  care  to  tell  it  so  that  it  will 
get  into  the  papers.  I will  go  with  you  and  the  committee 
to  New  York,  and  pay  half  the  expenses  of  the  committee 
if  you  will  pay  the  other  half,  and  visit  all  of  the  railways 


8 


and  the  property-owners,  if  there  is  any  controversy  about 
the  statements  I make.  I do  not  wish  to  state  any  thing  to 
the  committee  but  what  is  true,  and  what  I can  back  up. 

Mr.  Powers.  All  I have  to  say  is,  that  yesterday  I had 
conversation  with  every  one  of  these  men. 

Mr.  Merrill.  Were  you  in  New  York  yesterday? 

Mr.  Powers.  I was. 

Mr.  Merrill.  Then  we  shall  have  to  go  on,  for  I don’t 
believe  a word  you  say. 

Mr.  Powers.  I am  ready  to  go  any  time.  We  will  accept 
your  invitation. 

Mr.  Merrill.  Will  you  pay  half  the  expense?  (Mr. 
Powers  didn't  answer .) 

Understand,  gentlemen  of  the  committee,  the  figures  I 
have  given  you  are  from  the  books  of  the  corporations.  I state 
that  to  the  committee,  but  I ask  the  reporters  not  to  make 
any  note  of  it,  for  I agreed  not  to  have  it  appear  in  print  in 
the  newspapers. 

Mr.  Powers.  Do  you  pretend  to  say  that  you  took  these 
figures  from  their  books  ? 

Mr.  Merrill.  I have  made  my  statement,  and  there  it 
stands  or  falls. 

Mr.  Powers.  It  is  a simple  question  whether  you  did  or 
not. 

Mr.  Merrill.  I have  made  my  statement. 

Mr.  Powers.  You  say  they  came  from  the  books? 

Mr.  Merrill.  I say  I have  made  the  statement.  Any 
statement  I make,  you  can  appoint  any  committee  to  go  on 
and  prove ; and  I will  go  with  you,  and  pay  half  the  ex- 
penses. Now  we  will  come  to  one  more  of  these  street- 
railways.  One  of  these  elevated  railways  was  opened  in 
August.  In  the  month  of  October  this  street-railway  com- 
pany that  had  been  accustomed  to  carry  in  the  month  of 
October  from  three  millions  to  three  millions  and  a half  of 
passengers,  carried  during  last  October,  after  the  elevated 
railroad  was  opened,  1,461,878  passengers  less  than  it  did  the 
same  month  of  the  year  previous.  The  elevated  railroad 
there,  according  to  the  reports  of  their  managers,  carried 
over  1,900,000  passengers  during  that  month,  making  an 
increase  of  600,000  passengers  by  the  increased  facilities. 
It  is  well  known  by  the  people  of  New  York  that  the  Third- 


9 


avenue  railroad  has  been  for  years  entirely  incompetent  to 
accommodate  the  passengers  on  that  line.  They  run  cars 
there  on  fifteen  seconds  headway,  and  the}^  did  so  for  years ; 
and  with  fifteen  seconds  headway  it  was  impossible  for  them 
to  carry  all  the  passengers.  And,  as  Mr.  Powers  has  already 
stated  to  you,  they  pay  thirty-six  per  cent  annually  on  their 
entire  capital.  Now,  you  can  see  that  the  company  that 
pays  thirty-six  per  cent  on  its  capital  stock  can  lose  one-thivd 
of  their  travel,  and  still  remain  in  existence.  I have  never 
doubted  that  there  was  one  street-railway  in  New  York  (the 
Third  avenue)  that  could  exist,  notwithstanding  the  ele- 
vated railroad,  and  pay  its  six  or  eight  per  cent  dividends. 

Mr.  Whittier.  Do  you  think  that  because  it  is  chartered 
it  ought  not  to  be  interfered  with  ? 

Mr.  Merrill.  I will  say  so,  if  it  is  doing  its  duty,  and 
furnishing  the  accommodations  that  are  required,  and  satis- 
fying the  public.  So  you  see  a company  paying  thirty-six 
per  cent  can  lose  one-third  of  its  patronage,  and  still  exist, 
and  pay  six  or  eight  per  cent.  I think  you  will  find  that  the 
company  Mr.  Fowler  alluded  to  the  other  day  can  probably 
maintain  their  road,  and  pay  seven  or  eight  per  cent. 

Mr.  Powers.  They  pay  quarterly,  and  paid  that  the  last 
quarter. 

Mr.  Merrill.  I understand ; but  up  to  that  time  the 
elevated  road  had  been  in  operation  but  a short  time.  They 
paid  their  dividend  out  of  accumulated  earnings  then,  but  do 
not  know  when  they  will  pay  another. 

Mr.  Powers.  I have  the  facts.  They  earned  fifteen  per 
cent,  paid  nine  per  cent  to  their  stockholders,  and  their  presi- 
dent 120,000. 

Mr.  Merrill.  Well,  we  won’t  have  any  controversy 
about  it. 

Mr.  Powers.  I have  got  the  figures. 

Mr.  Merrill.  Why  don’t  you  give  them,  then  ? 

Mr.  Powers.  I will,  before  I get  through. 

Mr.  Merrill.  You  ought  to  have  given  them  in  the  first 
place. 

Mr.  Powers.  I did  not  think  it  was  necessary  then. 

Mr.  Merrill.  You  haven’t  got  any,  or  you  would. 
Now,  for  instance,  there  is  another  elevated  railroad,  which, 
according  to  its  own  report,  on  one  of  the  avenues,  is  getting 


10 


a large  share  of  public  travel,  — important  enough  from  the 
fact  that  on  such  an  avenue  the  street-railway  company  now 
only  carries  five  thousand  passengers  daily,  while  the  elevated 
railway  carries  thirteen  thousand  daily.  Now  I am  showing 
you  what  the  effect  is  upon  the  street-railways  in  New  York. 
Now,  suppose  we  have  an  elevated  railroad  in  Boston,  run- 
ning as  they  propose  the  whole  length  of  Washington  Street ; 
with  the  street-railways,  as  you  have  already  heard,  now 
struggling  to  pay  their  six  and  eight  per  cent  with  all  the 
business.  How  much  travel  have  they  got  to  lose  in  order  to 
make  these  companies  non-paying  companies?  Suppose  an 
elevated  railroad  running  as  they  propose  up  and  down 
Washington  Street  from  Grove  Hall  to  Haymarket  Square, 
and  suppose  they  should  cam  fifteen  or  twenty  thousand 
passengers  per  day,  — we  will  say  twenty  thousand,  — that 
would  be  at  five  cents  fare  about  a thousand  dollars  a day, 
or  about  $360,000  per  year.  I claim  that  if  the  elevated 
railroad  should  carry  that  number,  the  road  itself  would  not 
pay  expenses.  But  it  would  take  one  thousand  dollars  per 
day  from  the  Highland  and  Metropolitan  roads.  Now,  the 
Highland  paid  $24,000  in  dividends  during  the  last  year. 
The  Metropolitan  paid  $120,000.  We  will  suppose  they  paid 
$150,000  in  dividends,  and  that  is  all  they  earned.  Now,  if 
you  take  out  this  thousand  dollars  a day,  you  are  not  only 
going  to  take  away  their  dividends,  but  how  long  will  it  be 
before  the  capital  is  used  up  to  pay  expenses  ? One  thing  is 
sure : that,  if  you  are  going  to  have  an  elevated  railroad  in 
the  city  of  Boston,  you  must  go  to  an  elevated  system  alone 
to  accommodate  the  public  travel.  You  cannot  have  the  two, 
in  my*  judgment.  Now,  if  you  are  going  to  have  the  elevated 
railway  system  to  furnish  accommodations  for  public  travel, 
you  have  got  to  have  all  the  lines  which  Mr.  Powers  marks 
out  in  his  bill.  Now,  I do  not  believe  that  the  people  of 
Boston  desire  a system  of  elevated  railroads  for  the  purpose 
of  furnishing  the  public  with  their  sole  method  of  transit. 
It  might  be  urged,  perhaps,  if  it  could  be  done  independent 
of  any  injurious  effect  it  might  have  upon  property.  If  you 
could  establish  an  elevated  railroad,  and  still  maintain  the 
street-railways,  perhaps  it  would  be  a public  convenience  in 
some  cities ; although  I do  not  think  that  it  would  be  any 
great  advantage  in  Boston,  because  we  are  so  surrounded 


11 


with  rapid  transit  already.  Look  at  Grove  Hall,  the  point 
from  which  the  Highland  cars  start ; in  five  minutes’  walk 
you  can  take  a steam -railway  car  on  the  New-England  road. 
People  over  to  the  Norfolk  House  can  take  the  Boston  & 
Providence  railroad-cars  in  five  minutes’  walk.  When  you 
go  to  Dorchester  you  can  take  the  Old  Colony  cars,  and  be 
landed  between  five  and  ten  minutes’  walk  of  where  you 
want  to  go  down  town.  When  you  go  out  on  the  north 
of  the  city  four  or  five  miles, — the  same  distance  that  the 
Grand  Central  Depot  is  from  the  business  centre  of  New 
York,  — you  will  find  stations  there  that  will  take  you  to  with- 
in five  minutes’  walk  of  the  centre  of  the  city  of  Boston. 
Then,  I say,  I do  not  see  any  public  exigency  or  demand  for 
an  elevated  railroad,  independent  of  its  effect  upon  the 
street-railways  and  other  property.  Why,  the  petitioners  have 
not  introduced  a single  word  of  testimony  to  say  that  there 
is  any  necessity  for  it.  From  up  and  down  Warren  and 
Washington  streets,  from  Grove  Hall  to  Hay  market  Square, 
has  he  brought  anybody,  has  he  brought  man,  woman,  or 
child,  to  testify  that  they  want  an  elevated  railroad  ? I have 
as  little  sentiment  as  anybody  in  the  world,  and  I never  was 
placed  in  a position  before  where  I had  any  regard  for  senti- 
ment. But,  gentlemen,  my  residence  that  I have  built  my- 
self, and  fitted  up  myself,  with  a hundred  feet  front  on 
Warren  Street,  is  situated  within  five  hundred  feet  of  where 
Mr.  Powers  proposes  to  build  his  terminal  station.  It  is  just 
as  pretty  a place,  probably,  — there  is  one  member  of  the 
committee  who  has  visited  it,  — as  any  in  the  Highlands.  I 
like  it,  and  I have  set  out  trees  about  it.  If  this  road  goes 
along  on  my  sidewalk,  it  will  destroy  my  trees  and  my  prop- 
erty. Of  course  I have  some  sentiment  in  regard  to  that. 
Now,  I say,  if  you  cannot  find  any  one  in  the  Highlands  who 
desires  this  as  a mode  of  transit,  why  should  you  inflict  such 
a thing  upon  them  ? If  they  say  that  they  have  got  suffi- 
cient accommodations  there  now,  why  should  any  one  come 
in  here,  and  ask  for  an  act  of  incorporation  to  give  them 
accommodations  which  they  do  not  want  ? You  will  not  grant 
a charter  of  this  kind  unless  there  is  some  public  demand  for 
it.  You  will  not  grant  it  to  please  Mr.  Powers  or  anybody 
else  who  would  like  to  build  an  elevated  railroad  to  please 
themselves. 


12 


Now,  passing  from  the  effect  it  might  have  upon  street- 
railways,  what  effect  will  it  have  upon  real  property  ? That 
is  one  thing  to  be  carefully  considered.  I was  going  to  say, 
before  I proceeded,  that  if  Mr.  Powers  can’t  furnish  accom- 
modations to  the  people  of  Charlestown,  with  his  horse-rail- 
way,  why  don’t  he  apply  for  the  right  to  build  an  elevated 
railroad  from  Haymarket  Square  or  Scollay  Square  to  Charles- 
town and  Somerville,  and  let  his  people  have  a taste  of  it? 
and  if  they  find  that  it  is  a good  thing,  and  they  like  it,  and 
it  does  not  hurt  his  street-railway,  then  let  us  have  it  up  in 
the  Highlands.  Why  should  he  want  to  put  this  boil  on  the 
back  of  somebody’s  else  neck,  if  he  thinks  it  such  a nice 
thing  to  have  ? 

Mr.  Powers.  Mr.  Chairman,  I am  asking  for  that  very 
thing : other  people  with  myself  have  asked  for  it. 

Mr.  Merrill.  Who  has  asked  for  it? 

Mr.  Powers.  A large  number. 

Mr.  Merrill.  Who  are  they?  Here  is  Mr.  Calvin  A. 
Richards,  who  lives  on  the  Back  Bay ; and  he  says  he  don’t 
want  it,  and  that  there  is  no  necessity  for  it. 

Mr.  Powers.  If  they  examine  him,  we  will  take  his 
statement. 

Mr.  Merrill.  Mr.  Chaffee  lives  in  Cambridge.  Mr. 
Emery,  President  of  the  Union  Road,  says  he  would  like  a 
charter,  but  is  against  its  enforcement ; of  course  he  don’t 
want  it  built.  Then  Mr.  A.  F.  Breed  of  Lynn,  he  does  not 
say  that  he  wants  it.  Mr.  W.  F.  Sears,  I do  not  know 
where  he  lives.  I don’t  know  where  William  T.  Hart  lives, 
but  he  don’t  want  it.  Mr.  S.  A.  Carle  ton,  he  don’t  live  out 
our  way. 

Mr.  Powers.  He  lives  at  the  South  End. 

Mr.  Merrill.  Whereabouts? 

Mr.  Powers.  Near  the  Roxbury  line. 

A Member  of  the  Committee.  He  lives  on  Rutland 
Square. 

Mr.  Merrill.  Our  Highland  cars  bring  him  in  twelve 
minutes  to  Temple  Place.  That  is  not  very  long.  If  he 
wants  an  elevated  railroad,  why  don’t  he  come  here,  and  tell 
us  why  ? I don’t  know  as  I object  to  one  in  Charlestown. 

Mr.  Powers.  W ell,  Mr.  Merrill,  I have  asked  for  it ; and 
if  the  committee  see  fit  to  grant  that  part  of  our  petition,  we 
will  take  it. 


13 


Mr.  Merrill.  Then  my  argument  is  for  it  in  that  direc- 
tion. I say,  if  he  wants  it  over  there,  I dofft  know  as  I 
object  to  it.  I will  say  here,  however,  that,  if  there  is  to  be 
an  elevated  railroad,  I think  it  is  proper  and  right  that  the 
street-railways  should  have  authority  to  build  it.  I think 
that  the  street-railway  companies  should  be  authorized,  with 
the  consent  of  property-owners  and  the  Board  of  Aldermen, 
to  construct  this  when  it  is  necessary  to  be  done.  I don’t 
think  you  will  grant  a charter  with  six  million  dollars  capital 
for  somebody  to  ruin  six  or  seven  millions  of  other  capital 
already  in  use. 

Mr.  Powers.  You  don’t  mean  to  advocate  this. 

Mr.  Merrill.  I have  prepared  a bill  of  that  kind.  I 
mean  that  the  street-railways  should  be  authorized,  under 
certain  conditions  and  restrictions,  to  furnish  these  accommo- 
dations when  the  public  require  it.  It  is  a very  simple  bill, 
to  say  that  the  street-railways  are  authorized,  under  certain 
restrictions,  to  construct,  maintain,  and  operate  an  elevated 
railroad  in  the  city  of  Boston.  It  seems  to  me  the  street-rail- 
ways ought  to  have  the  opportunity,  if  the  time  ever  comes. 
If  there  should  be  a necessity,  I do  not  think  you  ought  to 
wipe  the  street-railway*  property  out  of  existence,  and  allow 
some  new  corporation  to  come  in.  I do  not  believe  in  the 
policy  of  wiping  out  of  existence  a large  amount  of  capital, 
and  bringing  in  new  capital,  unless  the  exigency  absolutely 
demands  it.  I am  sure,  gentlemen,  so  far  as  the  interests  of 
my  own  corporation  are  concerned,  — of  course  Mr.  Powers 
and  I are  two  different  persons,  — but  I do  not  believe  that 
I should  accept  a charter  with  my  name  in  it,  which  I thought 
was  going  to  jeopardize  the  interests  of  my  stockholders.  I 
have  not  the  right  to  do  it.  I do  not  believe  that  I have  any 
right  personally  to  sign  a petition  or  ask  for  any  thing  that 
may  be  of  advantage  to  me,  that  is  going  to  affect  or  jeopar- 
dize the  interests  of  my  stockholders.  I am  put  at  the  head 
of  the  company  as  their  guardian,  and  it  is  my  duty  to  pro- 
tect their  interests.  I have  no  right  to  put  myself  in  any  posi- 
tion, or  to  become  a member  of  any  corporation,  which  might 
influence  me  in  any  way,  or  would  have  any  effect  upon  me, 
to  make  my  personal  interests  antagonistic  to  those  of  my 
corporation.  So  that,  as  head  of  the  Highland  Railway  Cor- 
poration, I feel  that  I am  bound  to  look  upon  every  thing  that 


14 


I do  personally  just  the  same  as  I do  officially.  I have  no 
right  to  do  any  thing  in. my  personal  capacity,  unless  I am 
satisfied  that  it  does  not  unfavorably  affect  the  interests  I 
have  been  appointed  to  guard  and  protect. 

Mr.  Powers.  I stand  squarely  on  that,  Mr.  Merrill. 

Mr.  Merrill.  We  must  differ  on  that.  I claim  that  there 
has  been  no  public  exigency  shown  for  the  granting  of  this 
petition.  There  is  nobody  who  wants  it  even  now,  and  cer- 
tainly no  one  could  be  found  that  would  want  it  if  it  was  to 
do  away  with  the  street-railways.  The  question,  then,  is, 
wdiether  public  necessity  will  warrant  you  in  giving  an  act 
that  will  deteriorate  or  injure  a large  amount  of  property. 
To  show  you  what  the  feeling  of  the  people  who  own  property 
along  this  proposed  line  is,  a remonstrance  has  been  circulated 
by  one  person  for  a very  short  time ; and  I think  he  found 
only  one  or  two  who  refused  to  sign  it,  and  they  said  they 
did  not  care  about  it  because  they  did  not  own  any  property 
on  the  proposed  line.  I here  present  the  remonstrance  of 
property-holders  on  Washington  and  Warren  Streets  and  vi- 
cinity, where  it  is  proposed  to  build  this  road.  First  I will 
present  one  signed  by  Nathaniel  J.  Bradlee,  Charles  Henry 
Parker,  Moses  Williams,  Harvey  Jewell,  Samuel  C.  Cobb, 
William  Sheafe,  J.  Ingersoll  Bowditch,  Edward  Austin,  Robert 
M.  Mason,  Charles  U.  Cotting,  William  Minot,  Francis  V. 
Balch,  William  Gaston,  Peter  C.  Brooks,  John  L.  Gardner, 
C.  F.  Hovey  & Co.,  Bigelow,  Kennard,  & Co.,  J.  T.  Brown 
& Co.,  Shreve,  Crump,  & Low,  Hogg,  Brown,  & Taylor, 
Oliver  Ditson  & Co.,  John  J.  Clarke,  Lemuel  Shaw,  Franklin 
Haven,  Henry  Lee,  William  S.  Dexter,  J.  T.  Bailey,  Edward 
A.  White,  C.  R.  Ransom,  Fred  H.  Bradlee,  Jonathan  French, 
J.  D.  W.  French,  Otis  Norcross,  John  Foster,  Thomas  B.  Hall, 
Edward  D.  Sohier,  Charles  A.  Welch,  Daniel  W.  Williams, 
S.  D.  Weld  French,  Charles  Rollins,  W.  J.  R.  Evans,  Faxon 
Brothers,  Charles  W.  Galloupe,  H.  H.  Hunnewell,  C.  W. 
Loring,  Thomas  E.  Proctor,  Eben  B.  Phillips,  John  Amory 
Lowell,  John  Jeffries,  Thomas  Wigglesworth,  Peleg  W. 
Chandler,  Henry  G.  Denny,  Orlando  Tompkins,  Edward  I. 
Browne,  W.  Sohier,  W.  B.  Spooner,  E.  Pierson  Beebe,  Trustee 
Leonard  Ware.  These  gentlemen  represented  taxable  prop- 
erty, May  1,  1878,  amounting  to  $50,818,700.  I will  read 
the  remonstrance  : — 


15 


44  The  undersigned,  citizens  and  owners  of  real  estate  in  the 
city  of  Boston,  respectfully  represent  that  there  is  no  public 
necessity  whatever  for  an  elevated  railroad ; and  we  most 
earnestly  protest  and  remonstrate  against  the  granting  of  any 
charter  or  privilege  to  any  individuals  or  corporations  to  con- 
struct or  maintain  an  elevated  railroad  in  or  through  any 
street  or  avenue  in  the  city  of  Boston.” 

I present  to  you  another  of  the  same  character,  headed  by 
Peabody  & Whitney,  — a long  petition  from  the  owners  of 
property  and  doing  business  on  Washington  Street  only,  rep- 
resenting, May  1,  1878,  $5,294,700.  Here  is  still  another  of 
property-owners  at  the  Highlands,  on  Warren  Street,  headed 
by  Samuel  Little,  and  representing  $3,294,200.  These  peti- 
tions represent  a total  of  $59,381,300  worth  of  property. 

Now,  gentlemen,  in  regard  to  the  injury  to  property,  I 
would  like  to  say : On  my  visit  to  New  York  about  the  15th 
of  January,  I took  pains  to  inquire  into  the  effect  of  the 
elevated  railroads  upon  property.  And  let  me  say  that  if 
any  gentleman  should  go  to  New  York,  who  is  not  interested 
in  property,  but  who  is  in  a huny,  and  wants  to  go  down 
town  and  get  back  so  as  to  take  the  train  for  home  that  night, 
he  would  find  the  elevated  railroad  a great  convenience,  and 
when  he  got  back  to  Boston  he  would  say, 44  What  a great  thing 
the  elevated  railroad  is  ! ” But  anybody  who  goes  there  for 
that  purpose  does  not  consider  the  injury  to  property : he 
thinks  it  is  a fine  thing,  and  it  is  a great  convenience.  But 
what  may  be  a great,  convenient,  and  an  excellent  thing  in 
New  York  "is  not  an  excellent  thing  in  the  city  of  Boston. 
There  is  a necessity  for  some  system  of  rapid  transit  in  New 
York,  but  I think  the  people  of  that  city  think  they  made  a 
great  mistake  in  adopting  this  elevated  road.  I saw  a piece 
of  property  on  Fifty-third  Street,  which  a gentleman  paid 
$30,000  for  one  year  ago  last  August.  He  bought  it  for  a resi- 
dence ; but,  when  he  found  the  elevated  railroad  was  going 
through  that  street,  he  sold  it  for  $10,000.  On  Third  Avenue 
between  Fiftieth  and  Sixtieth  Streets,  a gentleman  sold  a piece 
of  property  for  which  he  was  offered  $37,000  nine  months 
before : he  sold  it  last  November,  for  $17,000.  I found  the 
depreciation  of  property  so  great  on  the  lines  of  the  elevated 
roads,  that  I thought  of -getting  these  owners  to  come  on  here 
to  testify ; but  I found  it  was  going  to  be  a great  expense, 


16 


and  I went  and  employed  a stenographic  reporter  to  go 
around  among  business  men  of  all  classes  on  Third  and  Sixth 
Avenues,  Pearl  Street,  and  Fifty-third  Street,  — among  real- 
estate  owners,  bank  presidents,  and  every  class  of  people,  to 
take  a stenographic  report  of  what  they  said.  I told  him  I 
would  like  to  have  him  give  me  the  testimony  of  at  least 
twenty-five,  and  I did  not  care  if  it  was  even  fifty.  He  com- 
menced on  the  20th,  and  sent  me  on  a hatch,  about  the  25th, 
of  thirty-five  witnesses.  He  sent  word  he  did  not  know  as  I 
wanted  to  get  more,  but,  if  I did,  it  was  good,  and  he  would 
like  to  get  it.  I told  him  to  go  on,  and  get  another  batch.  So 
he  commenced,  and  worked  a week  longer,  and  then  sent  me 
a batch  of  testimony  from  fifty-five  witnesses.  Now,  gentle- 
men, I would  like  to  read  some  of  this  testimony. 

Mr.  Powers.  I respectfully  submit,  that,  if  this  is  the 
kind  of  testimony  we  propose  to  hear,  this  hearing  will  be 
interminable.  I will  agree  to  furnish  ten  to  his  one  in  that 
way. 

The  Chairman.  This  is  substantially  the  same  thing 
we  have  had  all  the  way  through. 

Mr.  Merrill.  You  made  statements  from  persons  with- 
out giving  their  names : I will  give  you  authority  for  every 
thing  I read.  You  read  statements  from  newspapers,  and  did 
not  give  the  names  of  the  parties. 

Mr.  Powers.  The  statements  I made  were  from  New- 
York  railroad-companies  that  are  obliged  to  make  their  re- 
ports every  month. 

Mr.  Merrill.  I have  been  very  careful  about  these. 
These  are  phonographic  statements.  If  you  see  fit,  I can  tele- 
graph the  phonographer,  and  have  him  come  here  and  swear 
that  he  took  them.  I have  had  taken  the  name  of  each 
person,  his  business,  and  his  residence.  It  is  perfectly  com- 
petent, and  I will  agree  to  go  at  any  time  with  Mr.  Powers, 
and  pay  half  the  expenses,  and  give  him  an  opportunity  to 
cross-examine  these  witnesses.  I believe,  after  making  that 
offer,  I ought  to  be  allowed  to  put  in  some  of  them.  I give 
in  every  instance  the  name  of  the  person,  his  business,  and 
where  he  can  be  found.  This  stenographer  could  have  gone 
on  with  his  work  until  now  without  a lack  of  material,  but  I 
felt  that  you  would  not  want  to  listen  to  so  much  of  it. 
Now  I will  read  some  of  these  statements. 


17 


Mr.  Powers.  I would  like  to  inquire  whether  the  sten- 
ographer made  his  own  selection. 

Mr.  Merrill.  I will  give  the  numbers  and  the  streets 
as  I read ; and  the  committee  can  see  how  they  are  situated 
on  the  street,  and  whether  they  are  scattered  or  together. 

Mr.  Welch.  I cannot  see  why  these  are  not  better  than 
the  newspaper  statements  which  have  been  put  in,  and  which 
Mr.  Powers  might  have  written  himself. 

Mr.  Whittier.  I read  the  newspaper  articles. 

Mr.  Powers.  I did  not  read  any  newspaper  articles. 

Mr.  Welch.  I do  not  mean  to  say  that  they  put  them  in 
the  paper;  but  I say  they  might  have  put  them  in,  for  all  we 
know. 

Mr.  Harmon.  There  is  a report  from  one  of  the  New- 
York  papers,  dated  in  January,  which  Mr.  Childs  read. 

Mr.  Kittredge.  Mr.  Whittier  not  only  put  in  newspaper 
articles,  but  he  brought  the  editor  of  one  paper  to  testify. 

Mr.  Merrill.  Let  me  tell  you  the  history  of  one  of  these 
New-York  elevated  railroads.  It  was  built  in  this  way : The 
construction  of  the  road  cost  $400,000  per  mile  ; the  legal 
expenses  cost  $200,000  per  mile.  [Laughter.]  Wait  a mo- 
ment ; don’t  laugh  yet.  This  was  secured  by  a first  mort- 
gage^on  the  road.  Then  of  course  there  were  the  corporators ; 
and  they  took  a mortgage  at  the  rate  of  $900,000  per  mile, 
which  made  the  cost  $1,500,000  per  mile ; then,  on  the  top 
of  the  $600,000  for  the  construction  and  the  legal  expenses, 
and  of  the  $900,000,  they  issued  $500,000  in  stock,  per  mile ; 
and  that  was  generally  circulated  among  the  newspaper  peo- 
ple. The  road  is  so  covered  up  with  mortgages,  that  people 
can  get  no  damages  against  the  road.  They  are  going  to  try 
to  break  the  mortgages,  on  the  ground  that  the  damages  are 
a prior  claim. 

Mr.  Whittier.  Do  you  argue  that  Mr.  Powers  is  going 
to  do  any  thing  of  that  kind  ? 

Mr.  Powers.  We  do  not  propose  to  do  any  such  thing. 
We  propose  to  build  it,  and  put  in  the  cash : you  can  see  the 
difference. 

Mr.  Whittier.  You  will  see  that  such  ^corporations  in 
Massachusetts  are  very  different. 

Mr.  Merrill.  Now,  gentlemen,  this  testimony  is  from 
the  owners  and  occupants  of  property  on  the  line  of  the 


18 


New-York  Elevated  Railroad,  East  Side.  The  reporter  is 
Charles  H.  Requa,  109  Montague  Street,  Brooklyn.  It  is 
said  he  is  one  of  the  best  in  New  York,  and  a very  honest 
man.  I never  saw  him,  but  I was  recommended  to  employ 
him. 

Mr.  Powers.  We  will  agree  that  he  can  report  short- 
hand. 

Mr.  Merrill.  I will  read  the  testimony  of  Henry  Roth- 
schild, 88  Bowery. 

Mr.  Powers.  He  is  not  one  of  the  original  firm  of  the 
Rothschilds  ? 

Mr.  Merrill.  I don’t  know  as  to  that,  sir.  [Reads.] 

H.  Rothschild  (88  Bowery),  Optician. 

UQ.  Will  you  be  kind  enough  to  tell  me  the  effect  which 
the  elevated  railroad  has  had  upon  business  and  property 
so  far  as  your  experience  goes  ? 

44  A.  Well,  I have  lived  here  twenty  years.  I know  that  it 
injures  property  very  much.  The  noise  keeps  up  a continual 
excitement.  It  is  more  annoying  in  summer,  when  we  get 
the  gas  and  smoke  from  the  engines.  It  has  reduced  the 
value  of  this  property,  in  my  judgment,  at  least  five  thou- 
sand dollars.  If  I had  to  buy  here  now,  I would  not  come 
here.  There  are  societies  of  property -holders  here  in  New 
York,  who  are  trying  to  get  their  taxes  reduced  because  of 
the  reduction  in  value  of  their  property.  I have  understood 
that- an  effort  is  to  be  made  to  reduce  our  taxes  at  the  ex- 
pense of  the  elevated  road,  and  make  them  pay  the  rest  of 
our  taxes.” 

Mr.  Merrill.  I wish  to  say  that  I gave  the  stenographer 
instructions  to  be  sure  and  have  the  statements  candid,  and 
such  as  could  be  fully  justified ; to  have  them  fair,  and  to 
have  the  lowest  estimates  that  could  be  made ; for  I wanted 
to  see  the  worst  that  was  against  me. 

Mr.  Powers.  Excuse  me,  but  was  he  not  instructed  not 
to  report  any  thing  in  favor  of  the  elevated  roads  ? 

Mr.  Merrill.  No,  sir. 

Mr.  Whittier.  Did  he  know  who  you  were? 

Mr.  Merrill.  No,  sir:  he  did  not.  He  was  hired 
through  some  one  else. 


19 


Mr.  Powers.  But  you  instructed  him  ? 

Mr.  Merrill.  I instructed  this  man  to  get  this  reporter. 

Mr.  Powers.  For  the  Highland  Road  ? 

Mr.  Merrill.  He  knew  I was  president  of  the  Highland 
Road.  I understood  the  tax  commissioner  considered  that 
the  reduction  of  the  value  of  property  on  Sixth  Avenue,  on 
account  of  this  elevated  railroad,  was  $20,000,000 ; and  they 
were  devising  some  plan  by  which  they  could  take  off  a part 
of  this  tax  from  the  property,  and  put  it  on  the  elevated 
railroad.  They  had  been  conferring  with  George  Law  to 
see  if  they  could  not  tax  the  ground  upon  which  the  posts 
stood.  One  gentleman  said  to  me,  “ People  ask  me  how  it  is 
affecting  property.  Why,  it  is  sending  us  to  destruction. 
We  keep  a strong  upper  lip,  for,  as  soon  as  we  should  say 
that  property  is  ruined,  tenants  would  not  pay  any  reason- 
able rent:  so  I cannot  talk  with  you.  We  cannot  afford  to 
say  that  our  property  is  all  going  to  ruin.” 

Mr.  Merrill.  I read  the  testimony  of 

A.  Cohn  (44  Bowery),  Clothier. 

“ I think  the  elevated  railroad  injures  property  twenty  per 
cent.  Business  is  more  than  one-third  less  than  it  was  this 
time  last  year.  The  elevated  railroad  has  had  all  to  do  with 
it.  In  summer-time  it  brings  dust  and  smoke  into  the  store. 
I cannot  keep  my  window  open  up  stairs  at  all.  I rent  this 
property  this  year,  but  certainly  will  not  pay  as  much  rent 
for  it  next  year  as  I do  this,  just  on  account  of  the  elevated 
railroad.” 

Mr.  Merrill.  Here  is  the  testimony  of  Edward  Burke, 
74  Bowery. 

Mr.  Powers.  You  skip  thirty  numbers.  It  would  be  fairer 
testimony  if  you  would  go  right  on,  and  take  ten  or  twenty 
people  together. 

Mr.  Merrill.  If  you  will  keep  still,  you  will  find  that 
he  actually  did  that  before  I get  through. 

Mr.  Powers.  Is  that  man,  Burke,  a tenant,  or  an  owner? 

Mr.  Merrill.  I do  not  know. 

The  Chairman.  Let  Mr.  Merrill  go  on,  or  we  shall  never 
get  through. 

.Mr.  Powers.  I desire  that  he  should  read  all  of  their 
statements. 


20 


Mr.  Merrill.  I am  reading  every  word. 

The  Chairman.  You  will  have  an  opportunity  to  ex- 
amine these. 

Mr.  Merrill.  [Reads.] 

E.  Burke  (74  Bowery),  Shirts. 

It  is  the  most  outrageous  infliction  tf\at  has  ever  been 
inflicted  on  a human  being.  It  renders  this  house  untenable. 
We  cannot  open  the  windows  on  account  of  the  noise  created 
by  it.  If  they  are  left  open  to  air  the  place,  every  thing  is 
covered  with  dust  and  dirt,  and  the  gas  comes  in  most 
terribly,  and  goes  through  the  whole  house.  It  is  per- 
fectly terrible.  It  is  just  as  if  the  legislature  were  to 
decree  that  a drum-corps  should  be  kept  (Jown  on  your 
premises  tattooing  all  day ; or  as  if  somebody  were  author- 
ized to  stand  by  a stove,  and  pour  dirty  water  on  it.  Rents 
will  all  come  down  this  year,  and  that  will  be  the  cause  of 
it.  People  will  insist  upon  it,  and  go  elsewhere  if  they  do 
not  get  it.  Those  who  signed  the  petition  for  this  road  all 
own  property  in  the  upper  portion  of  the  city,  and  of  course 
it  is  an  advantage  to  them ; but  to  those  along  the  -street  it  is 
a great  disadvantage.  You  walk  along  the  street,  and,  the 
first  thing  you  know,  you  get  a whole  shower  of  dirty  water 
down  upon  you.  I had  a coat  completely  spoiled  by  it.  That 
is  more  particularly  the  case  when  they  start.  It  would  not 
be  tolerated  in  any  city  in  the  world  except  New  York.  You 
would  not  get  any  of  the  property-owners  along  the  line  of  this 
road  to  vote  for  Samuel  J.  Tilden,  if  he  ever  runs  again.  They 
curse  his  name.  He  is  the  principal  owner  in  this  elevated 
railroad.  I suppose  it  has  reduced  the  value  of  property 
at  least  one-third  ; that  is  my  decided  conviction.  Then  the 
oil  and  stuff  spills  down  from  the  engines.  They  do  every 
thing  they  can,  I believe,  to  prevent  that,  but  still  it  is  not 
done.  Tilden  was  governor  at  the  time  the  bill  was  passed 
through  the  legislature.  He  engineered  it  through.  It  is  a 
fearful  nuisance.  There  was  an  individual  who  came  around 
about  a month  ago  to  get  the  signature  of  the  people  along 
the  line  of  the  road  to  the  effect,  that,  now  that  the  road  had 
come  there,  it  was  a great  advantage ; but  I don’t  think'  he 
got  a dozen  signatures.  The  people  on  Second  Avenue,  I 
understand,  are  going  to  give  the  road  a vigorous  opposition. 


21 


If  they  know  their  own  interests  they  will.  An  hour  after 
you  open  your  windows  or  doors,  you  can  write  your  name  in 
the  coal-dust  on  every  thing  in  the  room ; and  there  is  the 
horrible  stench  besides. 

Mr.  Merrill.  In  regard  to  Mr.  Tilden,  Mr.  Powers  tells 
me  that  he  has  made  a million  dollars  in  these  elevated  roads. 

Mr.  Powers.  Over  ten  millions. 

Mr.  Merrill.  Mr.  Tilden  and  Mayor  Wickam  pushed  it 
through,  and  people  have  some  feeling  against  them.  [Reads.] 

Theodore  Wilkins  (67  Bowery). 

“ If  I rented  property  I would  move  away  on  account  of  the 
noise.  Besides  that,  it  frightens  horses.  It  took  some  time 
for  ours  to  get  used  to  it.  I should  think  it  would  injure  the 
rental-value  of  property  greatly,  though,  as  the  rental  time 
has  not  come  round  yet,  you  can  hardly  tell.” 

Mr.  Whittier.  That  is  the  first  of  May  ? 

Mr.  Merrill.  Yes,  sir,  on  the  first  of  May. 

Mr.  Whittier.  Then  this  is  a matter  of  opinion  ? 

Mr.  Merrill.  It  is  facts  and  opinion  both. 

The  Chairman.  Go  on,  Mr.  Merrill. 

Mr.  Merrill.  I think  if  I read  right  along  you  will  un- 
derstand me  better.  All  these  owners  are  careful  about  what 
they  say.  You  could  not  get  this  testimony,  probably,  unless 
it  was  to  be  used  in  Boston  or  outside*of  New  York.  [Reads.] 

Jeremiah  Riorden  (36  Bowery,  “Temperance  House”). 

“ Some  of  our  guests  complain  of  the  noise,  especially 
strangers.  At  night  I find  it  necessary  to  put  my  guests  in 
the  back  part  of  the  house,  because  they  say  the  cars  wake 
them  up  early  in  the  morning.  Parties  prefer  the  back  end 
of  the  house  to  the  front.  In  summer-time  we  get  a smell 
of  gas  which  is  unpleasant.” 

New- York  Label  Publishing  Co.,  Jacob  Schmitt  (94 

Bowery). 

“ I don’t  believe  in  signing  other  people’s  rights  away.  I 
don’t  know  how  it  affects  property  generally.  I only  know 
that  I came  along  after  the  elevated  road  was  up,  and 


22 


believe  that  I got  this  place  for  less  rent  on  that  account.  I 
believe  that  the  owner  could  have  got  more  for  it,  but  for  the 
elevated  railroad.  That  is  all  I have  to  say  about  it.” 

. Edwin  M.  Ferry  (132  Bowery Photographer. 

“ It  is  a noisy  thing.  It  shuts  off  our  light.  In  the  summer, 
when  we  have  our  windows  open,  we  can  hardly  stand  it. 
We  have  to  stop  our  coloring  of  pictures  until  the  trains  go 
by,  and  that  is  quite  often.  Whenever  the  wind  blows,  if  the 
windows  are  open,  the  gas  comes  right  into  the  house.  I 
think  it  has  depreciated  property  along  the  whole  route,  and 
I also  think  it  has  damaged  business  along  the  whole  route. 
So  far  as  this  property  is  concerned,  I believe  that  to-day,  if 
the  tenants  were  out  of  it,  it  would  not  bring  half  the  rent 
that  it  now  does.  There  was  a dining-saloon  below,  on  the 
first  floor,  kept  by  a man  by  the  name  of  Reynolds.  He 
moved  away  a week  ago  on  account  of  it.  He  was  paying 
two  thousand  dollars  a year  for  it,  but  the  landlord  had  to 
take  it  off  his  hands.  We  will  not  pay  as  much  rent  another 
year  as  we  are  paying  now,  — decidedly  I will  not,  because 
I know  that  it  has  injured  our  business.  It  is  a perfect 
nuisance.  When  the  windows  are  open,  we  have  to  stop 
short  right  in  the  middle  of  conversation  until  the  trains  go 
by,  on  account  of  the  noise  : we  cannot  hear  ourselves  speak. 
Everv  time  that  a wheel  strikes  the  end  of  a rail  where  it  is 
joined  to  another  one,  it  makes  a great  noise.  Where  a sky- 
light faces  the  road,  you  might  as  well  get  out ; for,  every 
time  that  a train  goes  by,  it  darkens  the  room,  and  might 
necessitate  taking  a picture  over  again.  It  is  money  in  the 
pockets  of  the  capitalists  who  own  the  elevated  railroad,  but 
that  is  all,  though  there  is  millions  in  it  for  them.” 

Mrs.  Caroline  Perser  (154  Bowery),  Gents’  Furnishing 

Goods. 

u I think  that  the  elevated  railroad  injures  property  and 
business,  and  is  a nuisance.  When  the  door  is  open  we 
cannot  hear  customers  talk,  on  account  of  the  noise. _ We 
have  to  stop  right  still : it  is  a nuisance.  It  decreases  the 
rental-value  of  property,  of  course.  Houses  in  this  block, 
that  brought  twenty-one  hundred  dollars  before  this  elevated 
railroad  was  put  up,  are  now  bringing  only  twelve  hundred 


23 


dollars.  I believe  that  people  could  throw  up  their  leases 
where  business  is  decreased  so  by  the  elevated  railroad.  If 
they  put  up  one  in  Brooklyn,  they  will  kill  their  business 
completely.” 

Adolph  Rauth  (168  Bowery),  Jeweller. 

“ A man  came  here  three  weeks  ago  with  a petition  in  favor 
of  this  elevated  railroad,  and  wanted  me  to  sign  it.  A good 
many  signed  it,  not  knowing  what  it  was.  I would  give  five 
hundred  dollars  out  of  my  own  pocket  if  I could  take  the 
elevated  railroad  away.  They  are  scoundrels,  — the  legis- 
lature, the  aldermen,  and  all  those  fellows  who  take  a man’s 
property  without  his  consent ! When  the  snow  comes,  they 
have  some  process  of  melting  it  on  the  track  with  steam ; 
and  it  makes  it  so  foggy  that  you  cannot  see  people  passing 
by.  If  you  want  me  as  a witness  against  the  elevated  rail- 
road, I will  come,  and  bring  hundreds  of  others  with  me. 
You  cannot  sell  property  at  all.  Who  is  going  to  buy?  My 
wife  was  offered  162,000  for  this  house  and  store  two  years 
and  a half  ago.  I do  not  believe  it  would  bring  over  822,000 
now,  if  it  would  bring  that.  Property  in  the  next  block  was 
sold  recently  for  822,000  or  822,500,  which  was  considered 
worth  855,000  before  the  road  came  here.  People  tell  me 
that  they  don’t  come  on  the  Bowery  so  much  now,  on  account 
of  the  elevated  railroad.  The  man  of  whom  I have  spoken, 
who  came  around  with  the  petition  in  favor  of  the  road,  re- 
ceived a good  many  signatures  here ; but  they  were  obtained 
by  fraud  or  through  ignorance.  I do  not  understand  Eng- 
lish perfectly ; and  they  had  the  word  4 incommode  ’ in  that 
petition,  and  I thought  that  it  meant  not  convenient  for  me, 
and  so  I was  just  going  to  sign  it  myself ; but  a friend  of  mine, 
an  American,  was  standing  by,  and  he  said  to  me, 4 Rauth,  you 
are  going  to  sign  a petition  that  is  right  against  you  ’ So  I 
did  not  sign  it.  They  begin  to  run  about  five  o'clock  in  the 
morning,  and  run  till  one  and  two  o’clock  some  nights.  Last 
week,  cinders  from  one  of  the  engines  fell  upon  and  set  fire 
to  a lap-robe  spread  over  two  gentlemen  out  here  in  a wagon. 
When  the  atmosphere  is  heavy,  the  gas  is  pressed  down,  and 
there  is  a very  bad  smell.  That  is  the  case  whenever  it  is 
stormy,  or  the  atmosphere  is  heavy. 

4k  A tenant  of  mine  has  lost  his  trade  by  the  elevated  rail- 


24 


road  coming  here.  He  was  in  the  gents’  furnishing  goods 
business,  and  has  had  to  give  np  his  business,  and  get  out. 
Property  will  not  rent  for  as  much  next  year  on  account  of 
it.  I am  going  to  rent  property  for  three  hundred  dollars, 
and  even  four  hundred  dollars,  less,  if  I can  get  a good 
tenant,  on  account  of  the  elevated  railroad.  There  are  a 
class  of  people  who,  if  struck,  cannot  strike  back : they  just 
go  away.  So  are  these  people.  We  cannot  fight  the  ele- 
vated railroad.  It  comes  here,  and  strikes  us  ; and  we  have 
to  go  away.  They  are  scoundrels  ! I feel  what  I say ; I am 
talking  from  my  heart.  We  are  half  ruined  by  this  elevated 
railroad.” 

The  Chairman.  I suppose  this  evidence  is  all  accumula- 
tive, is  it  not? 

Mr.  Merrill.  I have  not  got  into  the  rich  part  of  it  yet. 

The  Chairman.  I think,  if  there  is  any  thing  rich  about 
it,  we  had  better  have  it ; but  I don’t  think  the  committee 
desire  to  hear  the  whole  of  this  read. 

Mr.  Powers.  I am  sure  I care  nothing  about  it. 

The  Chairman.  I take  it  for  granted  that  all  these  people 
will  testify  that  their  property  is  damaged. 

Mr.  Powers.  I think  there  is  a difference  of  opinion. 

Mr.  W hittier.  I do  not  dispute  that. 

Mr.  Powers.  You  heard  the  testimony  of  the  gentleman 
from  New  York  whom  we  introduced.  He  testified  that  he 
opposed  this  thing  with  all  his  might,  and  spent  money  to 
defeat  it;  but  he  favors  it  now.  Of  course  there  is  a differ- 
ence of  opinion  there ; and  we  can  get  just  as  many  on  one 
side  as  on  the  other. 

Mr.  Merrill.  Well,  Mr.  Powers,  if  you  talk  in  that  way 
we  will  go  right  into  the  business ; and  you  know  I can  get 
ten  to  your  one. 

Mr.  Powers.  I can  get  these  same  stenographic  report- 
ers to  do  it. 

Mr.  Merrill.  What  kind  of  a case  is  this?  We  came 
here,  and  put  in  our  case  perfectly,  making  a strong  case; 
and  then  the  other  side  get  up‘  and  say,  We  haven’t  got  any 
evidence,  but  we  can  furnish  just  as  much  as  the  other  side 
has  furnished  of  the  opposite  kind  of  testimony.  Are  you 
going  to  grant  a charter  based  upon  that  theory  ? 


Mr.  Powers.  That  is  not  the  case.  We  have  offered  you 
a live  witness  from  New  York,  who  owns  property,  and  who 
originally  opposed  the  elevated  railroad. 

Mr., Merrill.  He  is  interested  in  your  car  business,  is  he 
not? 

Mr.  Powers.  No,  sir  ; not  at  all. 

Mr.  Merrill.  He  is  interested  in  the  compressed-air 
patent  ? 

Mr.  Powers.  I never  saw  him  before.  But  you  produce 
no  witnesses  from  New  York. 

Mr.  Merrill.  This  man  is  interested  in  the  compressed- 
air  business,  and  is  consequently  supposed  to  have  an  interest 
in  this  petition. 

Mr.  Powers.  He  stated  here  that  he  had  a little  interest 
in  the  pneumatic  engine,  — a very  small  interest. 

Mr.  Kittredge.  And  this  road  is  to  be  operated  by  com- 
pressed air  ? 

Mr.  Powers.  W e propose  to  use  it  if  we  can.  And,  with 
reference  to  coal-gas  and  cinders,  it  will  all  be  obviated,  prob- 
ably, if  that  is  successful. 

Mr.  Chairman.  Mr.  Merrill,  the  committee  take  it  for 
granted  that  all  your  witnesses  will  testify  to  the  same  facts 
that  you  have  read. 

Mr.  Merrill.  No,  sir:  they  cover  still  other  facts. 

The  Chairman.  We  cannot  spend  the  whole  winter 
hearing  this  matter : there  must  be  some  limit. 

Mr.  Merrill.  Well,  the  other  side  has  spent  four  days 
in  putting  in  their  side  of  the  case ; and,  it  seems  to  me,  we 
might  have  one  in  a case  involving  so  many  millions  of 
property. 

The  Chairman.  I say,  the  committee  are  t*eady  to  accept 
the  statements  so  far  as  they  are  written  there,  — that  all 
these  people  whose  statements  you  have  not  read  will  testify 
substantially  the  same  facts  as  those  you  have  read. 

Mr.  Kittredge.  Would  not  the  committee  go  further 
than  that,  and  not  only  admit  what  they  would  substantially 
testify  to,  but  also  that  this  is  the  general  sentiment  of  prop- 
erty-holders upon  the  avenues? 

The  Chairman.  So  far  as  the  case  stands  now,  yes.  I 
think  the  committee  will  agree  that  the  people  along  the 
line  of  these  roads  would  say  that  property  was  depreciated 
by  them. 


26 


Mr.  Merrill.  There  is  more  that  I would  like  to  read. 
You  understand  that  I have  testimony  from  owners  of  prop- 
erty on  the  Bowery,  on  Pearl  Street,  Church  Street,  Sixth 
Avenue,  Third  Avenue,  and  Fifty-third  Street.  Perhaps  the 
Committee  will  bear  with  me  if  I pick  out  and  read  testimony 
from  the  different  localities. 

The  Chairman.  Very  well,  sir. 

Mr.  Merrill.  Perhaps  I had  better  have  the  whole  of  it 
printed.  I think  the  committee  would  find  it  so  interesting 
that  they  would  take  time  to  read  it.  Now,  Mr.  Powers’s 
proposed  structure,  in  my  judgment,  is  going  to  affect  prop- 
erty more  than  Mr.  Whittier’s.  It  is  going  to  pass  right 
along  on  the  sidewalk.  Now,  in  my  case,  I own  property  on 
Warren  Street,  and  the  house  is  near  the  sidewalk.  Mr. 
Little,  our  treasurer,  Mr.  Hayden,  a director,  and  Dr.  Ken- 
nedy, who  owns  three  thousand  feet  frontage  on  Warren 
Street,  all  own  property  that  comes  up  almost  to  the  line  of 
the  sidewalk.  This  track  will  run  right  by  the  second-story 
or  the  upper  windows.  I happened  to  have  the  misfortune 
to  be  sick  last  Februarjq  and  I will  say  that  even  the  horse- 
cars  running  by  troubled  me.  Now,  if  an  elevated  road  runs 
by  my  window,  you  can  judge  for  yourselves  what  the  effect 
would  be.  So,  I say,  I not  only  appear  here  to  represent  the 
railroads,  but  also  to  represent  a large  amount  of  property 
on  the  line  of  this  proposed  structure.  The  fact  is,  people 
are  almost  wild  about  it  there.  I will  read  here  the  state- 
ment of  the  president  of  the  Fulton  Bank,  on  the  corner  of 
Pearl  and  Fulton  Streets,  New  York.  [Reads.] 

Felton  National  Bank  (corner  Pearl  and  Fulton  Streets), 
Thomas  Monahan,  President. 

“ The  elevated  railroad  affects  us  badly : it  could  not  be 
worse ; that  is  all.  It  has  made  one  side  of  our  building 
utterly  useless  for  business  purposes.  In  the  first  place, 
it  destroys  our  light,  and  the  noise  is  almost  incessant  when 
trains  are  passing  about  every  one  and  a quarter  minutes. 
It  distracts  people’s  attention  from  their  business.  Writing 
a letter  here,  we  have  to  stop  about  every  other  minute.  In 
my  opinion,  it  is  just  a confiscation  of  propert}^.  Property 
that  used  to  rent  for  three  thousand  dollars  ($3,000)  below 
here,  they  are  now  offering  for  seven  hundred  dollars  (1700), 


27 


and  cannot  get  that  for  it.  There  have  been  removals  all 

O 

along  the  line  of  the  road  in  consequence  of  it.  It  is  the 
general  complaint  around,  that  it  destroys  business. 

“ I consider  this  property  depreciated  by  the  elevated  rail- 
road fifty  per  cent.  There  is  no  doubt  that  the  elevated 
railroad  injures  property  to  a material  extent.  Take  the 
second  stories,  and  they  are  only  bringing  one-half  to  one- 
third  what  they  brought  before  the  road  came  here.  I rent 
a nice  office  for  three  hundred  dollars'  ($300)  that  never  was 
let  for  less  than  six  hundred  dollars  before  the  road  came. 

aThe  noise  is  a great  objection,  and  the  darkening  of  the 
stores  is  also  a great  objection. 

“ I had  a loft  next  door,  and  had  to  move  out  on  account 
of  the  bad  light ; and  I had  the  liveliest  time  renting  it  that 
you  ever  saw.  I tried  about  twenty-five  different  men  before 
I could  let  it.  I had  to  take  them  in  between  the  trains.  A 
man  would  go  in  to  look  at  it,  and  a train  would  go  down  on 
the  other  side.  He  would  say,  4 It  doesn’t  make  it  so  dark, 
does  it?’  But  just  then  a train  would  come  up  on  our  side, 
and  he  would  say,  4 1 didn’t  think  the  elevated  railroad 
made  it  so  dark ! ’ They  would  not  take  it  on  that  account, 
but  I finally  let  it  to  a man  who  didn’t  need  much  light. 

44  An  elevated  railroad  will  ruin  any  street  in  Brooklyn 
that  it  runs  through.  It  has  injured  Sixth  Avenue  here 
seriously,  and  that  is  a very  wide  street.” 

Mr.  Merrill.  I now  read  the  statement  of  the  president 
of  the  Market  National  Bank  of  New  York.  [Reads.] 

Market  National  Bank  (2d  Pearl  Street),  Robert 
Bayles,  President. 

44  We  think  that  our  real  estate  has  been  materially  dam- 
aged by  the  elevated  railroad.  This  building  cost  us  seventy- 
five  thousand  dollars  ($75,000) : I doubt  very  much  whether 
we  could  get  forty  thousand  dollars  ($40,000)  for  it  to-day, 
though  the  decrease  in  value  may  not  be  entirely  owing  to 
the  elevated  railroad.  It  is  a nuisance.  It  makes  an  in- 
tolerable clatter  in  summer-time,  when  the  windows  are  open, 
and  darkens  our  light  so  that  after  four  o’clock  in  the  after- 
noon it  is  with  the  greatest  difficulty  that  we  can  write  a 
letter  here,  on  account  of  this  continual  passing  by  of 


28 


shadows  that  are  injurious  to  the  eye.  And  then  in  wet 
weather  there  is  a continual  dripping  from  these  girders  and 
other  parts  of  the  structure. 

“ There  is  an  unpleasant  smell  emitted  from  the  engines ; 
a gaseous  smell,  which  comes  into  the  buildings,  and  makes 
it  very  unpleasant. 

“We  would  gladly  move  away,  if  we  could  sell  our  build- 
ing for  any  thing  like  a reasonable  valuation. 

“We  would  gladly  enough  take  fifty  thousand  dollars,  and 
move  out.” 

Mr.  Merrill.  You  will  find  that  all  these  witnesses  are 
very  candid.  I will  say,  further,  that  when  I was  in  New 
York  I found  there  was  a great  deal  of  trouble  from  dripping. 
The  snow  gets  in  among  the  crevices  of  the  structure,  and  as 
it  melts  it  drops  down ; and  the  president  of  one  of  the 
street-railways  told  me  that  ladies  who  would  not  ride  in  the 
cars  of  the  elevated  road  at  first  are  now  doing  so  on  ac- 
count of  the  dripping  from  overhead.  Said  he,  “ Look  at 
my  cars.”  I looked  at  them,  and  saw  that  they  were  black 
on  the  top ; and  I said  to  him,  “ Why  did  you  paint  the  tops 
of  your  cars  black  ? ” Said  he,  “ That  is  not  paint : it  is  oil 
and  dirt  from  the  elevated  road.”  Ladies  had  become  so  dis- 
gusted with  the  drippings  on  them,  that  they  would  go  and 
walk  up  forty  steps  to  take  the  elevated  cars  to  avoid  it. 
Another  thing  is  this  melting  of  snow,  which  makes  it 
almost  unsafe  to  walk  along  the  streets.  So  you  see  the 
objection  to  Mr.  Powers’s  structure  running  along  on  the 
sidewalk. 

Mr.  Powers.  The  dripping  comes  from  the  steam. 

Mr.  Merrill.  No,  sir ; simply  from  the  melting  of  the 
snow  on  the  structure. 

Mr.  Powers.  Well,  the  steam  does  it. 

Mr.  Merrill.  No,  sir:  the  snow  will  melt  on  any  warm 
day  without  steam-power. 

Mr.  Welch.  You  mean  to  stop  the  snow  by  compressed 
air;  do  you,  Mr.  Powers? 

Mr.  Merrill.  When  the  sun  comes  out,  the  snow  will 
melt.  It  will  produce  dirty  and  rusty  water,  and  will  drop 
down  upon  your  clothes.  Suppose  you  go  up  and  down 
Washington  Street  with  your  road:  would  it  be  safe  for  peo- 


29 


pie  to  go  along  the  sidewalk  with  this  melting  snow  dropping 
all  over  them  ? 

Mr.  Welch.  At  the  present  price  of  ladies’  bonnets,  I 
am  sure  no  family  gentleman  would  want  them  injured. 

Mr.  Merrill.  I would  like  to  read  a few  extracts  from 
the  testimony  of  a physician.  There  are  statements  here 
from  a real-estate  man  up  town,  whose  business  is  renting 
real  estate.  I will  make  a statement  of  what  he  says. 
He  says  that  he  has  charge  of  a large  number  of  houses  on 
the  upper  part  of  Third  Avenue,  where  there  are  stores  un- 
derneath. He  says  it  affects  them  materially:  tenants  are 
all  moving  out ; and,  if  he  can  get  a new  tenant,  it  is  of  an 
entirely  different  class  from  that  he  had  before,  and  at  a 
greatly  reduced  rent.  When  I was  in  New  York,  I was  look- 
ing across  the  street,  and  a gentleman  said  to  me,  “ See  those 
cards  in  the  windows:  those  are  houses  that  were  never 
vacant  before.”  He  said  that  some  people,  perhaps,  had 
nerve  enough,  and  would  stand  it  with  a reduction  of  rent; 
but  the  majority  will  not  stay  with  any  amount  of  reduction. 
Here  is  the  statement  of  a physician  who  lives  at  127  West 
Fifty-third  Street,  where  there  are  fine  residences,  and  the 
elevated  railroad  has  nearly  destroyed  the  property. 

Mr.  Powers.  It  puts  the  property  to  a different  use. 

Mr.  Merrill.  Well,  there  is  no  business  there:  it  cor- 
responds with  our  Chester  Square  and  the  Back  Bay.  This 
physician  says : [Reads.] 

Salvatore  Caro  (127  West  Fifty-third  Street). 

“ The  only  thing  that  I can  say  concerning  the  elevated 
railroad  and  its  effect  on  property  is,  that  we  cannot  sell  and 
cannot  rent  on  account  of  it.  I think  property  has  fallen 
seventy  per  cent  (70%),  at  least,  by  reason  of  it.  We  can- 
not do  any  thing  with  our  ‘houses. 

“ I can  say,  by  comparing  the  rentals  of  the  previous  year 
with  the  rents  last  April,  that  there  was  even  then  a reduc- 
tion of  at  least  twenty-five  per  cent  (25^).  I was  letting  a 
house  for  two  thousand  dollars  ($2,000),  and  had  to  let  it  for 
fifteen  hundred  dollars  ($1,500).  This  year  I cannot  tell 
how  much  it  will  be.  Those  in  the  houses  now  will  leave 
here  shortly,  and  a great  many  have  left  here  already.  I 
own  these  two  houses,  Nos.  127  and  129  West  Fifty-third 


30 


Street.  I live  in  one  of  them  myself,  and  the  other  I let.  I 
do  not  know  whether  the  tenant  will  stay  another  year,  or 
not.  We  have  to  do  whatever  tenants  want  ns  to.  We  can- 
not demand  any  price,  because  people  complain  at  once  of  the 
elevated  railroad. 

“ They  say  that  they  will  construct  this  branch  through 
West  Fifty-third  Street  without  noise,  by  taking  all  measures 
to  reduce  sound  and  noise.  But  this  morning  they  were 
running  these  hand-cars  on  it,  and  it  made  more  noise  than 
steam-cars.  Indeed,  I really  thought  that  they  had  com- 
menced running  the  road  already  ; and  I said,  If  this  little 
thing  makes  such  a noise,  how  much  more  will  a regular 
train  of  cars  make  ? Now,  sir;  I consider  that  if  some  relief 
is  not  given  to  us, — either  by  the  company’s  paying  our 
damages,  or  by  the  legislature,  in  some  shape  or  form,  — we 
are  totally  lost.  Any  house  in  this  block  to-day,  put  under 
the  hammer,  I am  sure  would  not  bring  more  than  fifteen  or 
twenty  per  cent  of  its  value,  on  account  of  the  elevated  rail- 
road. These  two  houses  of  mine  cost  me  sixty-five  thousand 
dollars  ($65,000).  I would  be  very  glad  indeed  if  anybody 
would  give  me  thirty  thousand  dollars  ($30,000)  for  them ; 
but  I know  they  would  not,  on  account  of  the  elevated  rail- 
road. Some  of  those  fine  brown-stone  houses  across  the  way, 
that  were  formerly  let  for  fourteen  or  fifteen  hundred  dollars 
to  private  families,  are  now  let  out  as  tenement  property,  at 
ten  or  fifteen  dollars  per  month.” 

Mr.  Merrill.  I will  now  read  the  statement  of  Charles 
H.  Leale,  one  of  the  most  eminent  physicians  in  New  York. 
[Reads.] 

Charles  A.  Leale  (239  West  Fifty-third  Street). 

“ In  regard  to  the  side  streets  — narrow  streets  — I feel  that 
the  elevated  railroad  has  depreciated  the  value  of  property 
to  a very  great  extent. 

“ Q.  In  what  respect? 

“ A.  Because  it  obscures  the  light,  and  renders  the  street 
almost  impassable  for  horses.  And  they  are  continually  drop- 
ping oil,  as  a gentleman  told  me  the  other  day. 

“ My  baker,  when  he  drove  down  town  some  time  ago,  had 
his  horse’s  mane  set  on  fire  by  a spark  falling  from  the  engine  ; 


31 


and,  as  you  know,  quite  a number  of  awnings  were  set  on 
fire  in  the  same  way  last  spring. 

“ But  I consider  the  great  mischief  of  the  elevated  road  will 
be  its  prejudice  to  the  health  by  the  constant  noise.  In  win- 
ter that  is  not  so  much  noticed ; but  I had  to  remain  in  the 
city  all  last  summer,  and  saw  the  bad  effects  of  the  noise  of 
this  road  upon  those  who  were  not  accustomed  to  such  noise. 

“ The  upper  part  of  New  York,  between  Forty-fifth  Street 
and  Central  Park,  along  the  line  of  Sixth  Avenue,  is  built  on 
solid  rock.  Most  of  the  houses  consequently  have  as  a foun- 
dation solid  rock;  and  the  noise 'from  this  road  is  more  in- 
tense, conveyed  along  such  a conductor  of  sound  as  that 
would  be.  And  in  the  side-streets,  which  have  been  set 
apart  as  places  of  residence  of  our  wealthy  people,  between 
Fifth  and  Sixth  Avenues,  property  has  been  very  much  de- 
preciated in  value,  — I should  judge,  at  least,  twenty  per 
cent.  In  the  middle  of  a block  between  Fifth  and  Sixth 
Avenues,  on  one  street  I was  compelled  to  send  a patient 
away  during  midsummer,  in  consequence  of  the  noise.  And 
nearer  the  line  of  the  elevated  railroad  I was  compelled  to 
put  another  patient,  who  was  nervous,  in  a room  removed 
from  the  free  ventilation  of  air,  or  else  send  her  to  the  luna- 
tic-asylum. 

“ Dr.  Loomis,  at  one  of  our  medical  meetings,  said  that 
his  house  was  one  hundred  and  fifty  feet  from  the  railroad, 
and  he  was  compelled  to  sleep  in  the  back  part  of  his  house, 
and  keep  his  front  windows  closed  to  enable  him  to  get  any 
sleep. 

“ The  constant  noise  is  prejudicial  to  health.  New-York- 
ers have  always  as  much  as  their  nervous  systems  will  bear, 
to  go  through  the  ordinary  wear  and  tear  of  the  excitement 
of  American  life.  And  if  they  do  not  get  sufficient  rest  to 
allow  their  brains  to  recuperate,  they  are  sure  to  notice  the 
bad  effects  by  depression,  melancholia,  and  a variety  of  kin- 
dred manifestations,  which  always  ensue. 

“ Now,  I know  that  these  men  that  have  made  this  elevated 
road  say  there  is  no  unpleasant  effect  produced  by  it.  But 
the  very  men  who  say  that  are  the  very  men  who  have  de- 
lightful country  residences  of  their  own  ; who  can  go  off  at 
four  o’clock  in  the  afternoon,  and  return  at  ten  o’clock  the 
next  day.  We  can  easily  understand  why  it  does  not  affect 


32 


them.  But  the  very  large  proportion  of  people  are  those 
who  live  in  the  city,  and  even  well-to-do  people,  and  the  large 
proportion  of  those  along  the  line  of  these  roads  will  suffer. 
It  is  the  inevitable  consequence  of  such  a noise.  Take,  for 
instance,  a child  without  reasoning  powers,  during  the  period 
of  dentition,  — teething.  The  child  half  of  the  time  is  just 
on  the  verge  of  convulsions ; and  the  noise  made  by  the 
whistle  of  the  engine,  and  the  roar  of  a train  of  cars  going 
by,  would  be  an  additional  cause  to  send  that  child  into  con- 
vulsions. You  take  the  mother,  — the  young  mother,  — ■ and 
there  is  a time  when  she  is  very  susceptible  to  such  an  influ- 
ence ; the  shock,  noise,  &c.  There  are  many  times  when  the 
dropping  of  a ten-pound  weight  on  a floor  would  send  a 
woman  into  a convulsion,  and  make  her  lose  that  equilibrium 
necessary  to  keep  her  in  a sane  condition ; and  the  noise  is 
so  intolerable  in  summer,  that  to  the  poor  unfortunates,  who 
are  compelled  to  remain  alongside  of  it,  these  consequences 
will  ensue. 

“ I was  speaking  recently  to  an  old  New-Yorker,  one  who 
has  lived  here  over  sixty  years,  and  one  who,  through  force 
of  circumstances,  is  compelled  to  live  along  the  line  of  one  of 
these  elevated  railroads.  He  complains  most  bitterly  of  his 
inability  to  sleep,  and  the  tortures,  the  consequent  excite- 
ment of  the  brain,  produced  by  this  noise.  The  directors  of 
these  elevated  railroads  say,  when  we  tell  them  of  these 
things,  6 Let  them  go  away  ! ’ That  they  can  do ; but  it  is 
not  every  one  who  can  take  up  his  bed,  and  walk. 

“ A large  number  of  people  along  the  lines  of  these  roads 
have  purchased  residences  at  the  expense  of  half  a lifetime 
of  labor,  in  the  anticipation  of  making  themselves  comfort- 
able as  they  grew  older,  and  to  provide  for  their  latter  days. 
These,  of  course,  have  lost  every  thing.  The  elevated  rail- 
road steps  in,  and  confiscates  their  property,  places  its  up- 
rights on  their  very  sidewalks,  sends  its  trains  of  cars  directly 
by  the  second-story  windows ; and  it  is  impossible  for  them 
to  have  the  ordinary  light  without  submitting  themselves  to 
the  gaze  of  passengers  in  the  cars,  who  can  look  directly  into 
their  houses.  The  noise  wakes  them  up  at  all  hours  of  the 
night,  and  keeps  them  in  a constant  dread  of  it. 

“ Rapid  transit  I look  upon  as  something  absolutely  de- 
manded for  New-York  City  ; but  the  means  adopted  by  these 


33 


elevated  railroads  I look  upon  as  one  of  the  most  pernicious 
rights  ever  granted  or  ever  vested  in  any  corporation.  And 
I believe  that  no  other  city  on  the  earth  except  New  York 
would  tolerate  such  a gross  injustice  to  the  property-owners 
as  we  have  to  bear.  We  along  the  line  of  the  road  have 
sought  redress.  We  have  employed  eminent  counsel  who 
have  promised  to  defend  us,  or  to  procure  damages  for  us. 
But  no  amount  of  damages,  as  can  be  easily  understood,  can 
compensate  a man  for  the  loss  of  his  home,  and  for  the  loss 
of  health.  And  we  are  now  told  that,  even  should  success 
crown  the  effort  of  those  who  have  brought  these  proceed- 
ings, the  road  has  been  so  arranged,  that,  if  a foreclosure 
should  take  place,  the  first  mortgage  bondholders  would  step 
in  and  buy  the  road,  and  leave  all  others  out  in  the  cold.  A 
provision  has  been  made,  I believe,  to  that  effect,  so  that, 
even  if  damages  should  be  obtained  by  means  of  the  courts, 
nothing  could  be  collected.  It  is  a virtual  confiscation  of 
property,  without,  apparently,  any  redress,  and  one  of  the 
greatest  injustices  that  ever  was  perpetrated  upon  the  citi- 
zens of  any  country. 

“ In  England  they  purchase  the  right  of  way.  I was  there 
year  before  last ; and  in  crossing  one  of  the  most  important 
parts  of  the  city,  where  trains  are  passing  every  five  or  ten 
minutes,  not  a sound  was  to  be  heard  although  I stood  for 
some  time  under  the  solid  masonry.  They  have  solid  ma- 
sonry and  solid  archways ; you  pass  under  them,  and  see 
nothing  of  them. 

“ Our  lunatic-asylums  are  now  crowded  with  lunatics.  We 
have  over  three  thousand  (3,000)  lunatics,  within  a radius 
of  five  miles  of  where  you  are  sitting.  Lunacy  is  vastly  on 
the  increase  ; and  here  we  allow,  in  one  of  the  most  beautiful 
cities  of  any  continent,  one  of  the  most  disturbing  elements 
that  can  possibly  be  brought  to  bear  to  impair  the  lives  and 
health,  and  destroy  the  mental  soundness,  of  our  citizens. 

“There  is  no  compensation  to  property-owners  for  any  dam- 
age sustained.  They  come  in  and  remove  a man’s  awnings 
from  his  store,  put  up  their  stations  at  the  corner,  monopolize 
the  sidewalk,  and  do  just  as  they  like. 

“ They  say  that  they  can  come  up  to  a man’s  very  front 
door  step ; that  they  can  use  as  much  of  the  sidewalk  as  they 
like ; that  it  is  public : and  this,  too,  in  a street  where  the 


34 


property  has  been  bought  from  curb  to  curb  by  the  property- 
owners  ; where  it 'is  owned  by  them,  and  simply  held  in  trust 
by  the  city  for  the  use  of  a public  highway ; where  the  prop- 
erty-owners have  paid  in  assessments  for  opening  and  grading 
the  street,  that  it  should  be  forever  held  as  a thoroughfare, 
and  never  be  closed  under  any  consideration. 

“ A man  in  New  York  or  Brooklyn  is  now  afraid  to  buy 
property.  He  does  not  know  where  to  locate  himself.  He 
is  afraid  to  buy  himself  a residence,  for  he  does  not  know 
but  that  in  two  or  three  years  a line  of  freight-cars  or  steam- 
cars  will  be  running  through  his  place.  Some  of  the  pleas- 
antest parts  of  New  York  are  now  lying  idle  in  consequence 
of  that. 

“ I can  show  you  elegant  houses  near  the  elevated  railroad, 
costing  in  the  region  of  a hundred  thousand  dollars,  now 
unoccupied ; finished  in  the  most  elaborate  cabinet  manner, 
and  it  is  impossible  to  rent  them.  Who  is  going  to  pay  fifty 
thousand  dollars  for  a nice  residence,  and  be  annoyed  by  the 
steam,  cinders,  and  constant  noise  of  a train  passing  every 
two  minutes  ? 

“ My  opinion  is,  that  it  will  revolutionize  the  whole  city 
of  New  York.  It  may  be  an  advantage  to  the  upper  parts 
of  New  York,  but  at  the  sacrifice  not  only  of  those  along  the 
line,  but  all  those  below  a certain  part  of  the  city. 

“Fifth  Avenue  is  exempt  from  all  these  things,  because 
they  have  secured  through  the  legislature  an  act  whereby  no 
road  can  be  put  on  Fifth  Avenue. 

“In  England  I saw  a recent  decision  in  a case  where  a man 
had  built  a house,  and  it  simply  interfered  with  the  light  of 
his  neighbor.  The  injured  man  brought  suit,  and  recovered 
damages.  Now,  our  light  is  interfered  with,  our  peace  is 
interfered  with,  aud  still  what  do  we  receive?  No  recom- 
pense whatever. 

“The  great  mistake  of  New  Yorkers  was,  in  not  having 
unity  of  action.  If  there  had  been  such  along  the  line  of 
Sixth  Avenue  and  the  side-streets,  — down,  for  instance,  in 
Church  Street,  where  property  is  so  much  injured,  — sufficient 
force  could  have  been  brought  to  bear  to  prevent  the  passage 
of  any  bill  authorizing  an  elevated  railroad  through  the 
main  avenues  of  the  city.” 


85 


Mr.  Merrill.  I would  say  I happen  to  know  that  the 
elevated  railroads  in  London  have  to  buy  the  right  of  way. 
They  are  allowed  to  use  thirty  feet  right  through  the  city, 
and  then  they  have  to  purchase  thirty-three  feet  on  either 
side,  which  make  a right  of  way  of  ninety-six  feet;  then 
they  can  have  an  underground,  a surface,  or  an  elevated 
railroad,  or  all  of  them. 

A Gentleman  in  the  audience.  Is  it  not  true  that 
there  is  no  elevated  railroad  in  London,  but  that  they  are 
simply  steam-railroads  entering  the  city  ? 

Mr.  Merrill.  That  is  true. 

Mr.  Powers.  Mr.  Merrill,  please  read  this  memorial 
signed  by  fifty  of  the  best  physicians  of  New  York. 

Mr.  Whittier.  From  “ The  New  York  Observer.” 

Mr.  Kittredge.  They  may  all  be  stockholders. 

Mr.  Merrill.  They  may  have  some  of  this  stock  that  is 
scattered  around.  [After  perusing  the  article.  ] I have 
looked  this  over,  and  I don’t  know  any  of  them,  nor  have  I 
ever  heard  of  them.  I am  presenting  testimony  of  persons 
who  have  felt  and  know  the  effects  of  these  roads  ; and  a 
statement  in  regard  to  any  new  project,  signed  by  fifty  men 
who  are  paid  for  doing  it,  is  not  so  good  as  that  of  men  who 
have  realized  and  felt  its  effects. 

Mr.  Powers.  They  were  appointed  to  make  this  exami- 
nation by  the  Commission  on  Lunacy  of  New  York. 

Mr.  Merrill.  I have  no  doubt  the  fifty  men  were  all 
lunatics.  One  thing  more  : you  will  see  that  in  New  York 
City  the  distances  are  so  great,  that  there  is  some  necessity 
for  an  elevated  railroad.  The  number  of  transient  people 
there  who  ride  in  the  cars  is  greater  than  the  whole  popula- 
tion of  Boston.  The  people  that  go  in  and  out  of  New  l£ork 
City  daily  produce  more  traffic  than  the  whole  population  of 
the  city  of  Boston.  The  number  of  passengers  carried  on 
the  street-railways  in  New  York  in  1877  was  128,000,000 
against  44,000,000  in  Boston.  Then,  of  course,  there  are  the 
lines  of  coaches,  and  every  thing  of  that  kind : therefore  what 
may  be  a necessity  in  New  York  is  not  a necessity  in  Boston. 

I have  only  one  witness  I would  like  to  call,  — Mr.  L.  Fos- 
ter Morse.  I find  the  subject  is  so  vast  that  it  will  take  two 
or  three  days  to  do  it  justice. 

Mr.  Ingraham.  Your  idea  is  that  you  could  carry  the 


86 


40,000,000  of  passengers  on  the  street-cars  here  in  Boston, 
but  could  not  carry  the  120,000,000  that  have  to  be  carried 
in  New  York. 

Mr.  Merrill.  That  is  the  way  I look  upon  it.  Then 
there  is  the  matter  of  distance  : in  New  York  you  cannot  get 
within  four  miles  of  the  Battery  by  steam-cars,  and  here  you 
can  come  within  five  minutes’  walk  of  the  centre  of  business. 

Mr.  Powers.  Three  miles  to  the  Battery. 

Mr.  Merrill.  Four  miles,  I know.  You  are  determined 
not  to  know  nor  state  any  thing  correctly. 

The  Chairman.  The  Committee  will  now  adjourn  to  ten 
o’clock  to-morrow  morning. 


* 


APPENDIX. 


TESTIMONY  OF  L.  FOSTER  MORSE. 

Thursday,  Feb.  20. 

Q.  (By  Mr.  Merrill.)  Do  you  live  in  the  Highlands  ? 

A.  I do. 

Q.  What  is  your  business  ? 

A.  Real  estate. 

Q.  You  are  one  of  the  assessors  also  ? 

A.  Yes,  sir. 

Q.  You  have  lived  there  all  your  life? 

A.  Yes,  sir. 

Q.  And  have  a full  acquaintance  with  all  the  people  at 
the  Highlands? 

A.  I have. 

Q.  Since  this  elevated-railroad  matter  came  up,  have  you 
taken  pains  to  inquire  into  what  the  feeling  is  in  regard  to 
it  at  the  Highlands  ? 

A.  I have  looked  into  it  somewhat. 

Q.  Have  you  talked  with  the  people  there  about  it? 

A.  I have. 

Q.  Have  you  found  anybody  who  is  in  favor  of  it  ? 

A.  I have  not  found  anybody  in  favor  of  it  on  Warren 
Street. 

Q.  Have  you  found  any  one  opposed  to  it? 

A.  Every  one  is  opposed  to  it. 

Q.  How  do  they  look  upon  it  ? 

A.  Well,  they  say,  if  they  want  a steam-railroad  they  can 
have  one  in  Boston,  without  taking  the  best  street  in  the 
Highlands. 

Q.  How  are  they  situated  with  regard  to  steam -railroads? 

A.  Boston  is  peculiarly  situated  with  regard  to  rapid 
transit.  I have  a map  here  of  Boston,  and  I have  — what  it 
is  pretty  difficult  to  get  — a good  map  of  New  York,  which  I 
propose  to  leave  with  the  committee.  I have  no  doubt  that 
an  elevated  railroad  in  New  York  is  a necessity,  Manhattan 


38 


Island  being  thirteen  miles  long,  and  the  Grand  Central  Depot 
being  four  miles  from  the  Battery.  New  York,  you  see,  is  a 
long  narrow  island,  having  a population  of  over  a million, 
and  with  Jersey  City,  the  city  of  Brooklyn,  Astoria,  and  Ho- 
boken has  a larger  population  than  the  entire  State  of  Massa- 
chusetts. So  the  place  is  entirely  different  from  Boston. 
The  whole  of  the  island  is  about  a half  a mile  wide  at  the 
upper  part,  and  perhaps  two  miles  wide  at  the  lower  portion. 
No  doubt  they  needed  something  in  the  way  of  rapid  transit. 
In  Boston  we  have  nine  depots  for  rapid  transit, — the  Old 
Colony,  the  Boston  & Albany,  the  Providence,  the  New 
York  & New  England,  and  the  Boston,  Revere  Beach,  & 
Lynn,  — which  is  virtually  a depot,  having  a ferry  going  across 
to  East  Boston,  — the  Fitchburg,  the  Boston  & Maine,  the 
Lowell,  and  the  Eastern  ; nine  depots  within  three-quarters  of 
a mile.  So  when  the  time  comes  that  we  shall  have  a popu- 
lation equal  to  New  York,  we  are  prepared  for  rapid  transit. 
A great  many  people  use  these  roads  now,  I have  no  idea  how 
many.  Here  is  a map  of  Boston  and  vicinity.  These  spots 
here  represent  the  stations  within  the  limits  of  the  city  of 
Boston. 

Q.  These  show  the  steam -railroad  stations? 

A.  The  stations  of  the  steam-railroads  ; they  are  all  within 
three-quarters  of  a mile  of  City  Hall.  [Referring  to  the  map.] 
There  is  South  Boston,  that  is  Crescent  Avenue,  that  is  Har- 
rison Square,  that  is  Savin  Hill,  that  is  Atlantic,  and  that  is 
Wollaston.  Six  miles  from  City  Hall  you  get  to  Quincy. 
On  the  six-mile  circuit  you  get  outside  of  Boston. 

Q.  (By  Mr.  Ingraham.)  What  would  be  the  radius  of 
a circle  around  New  York? 

A.  I call  the  centre  of  New  York,  City  Hall,  which  is 
away  down  there.  [Referring  to  the  map.]  It  is  almost 
impossible  to  say  where  the  centre  of  New  York  is.  Within 
two  miles  of  the  city  of  New  York  there  are  four  cities,  and 
then  you  must  include  the  whole  of  Manhattan  Island, 
which  is  New  York  City.  If  you  should  go  beyond,  of 
course  it  would  be  a great  deal  more;  but  the  city  of  New 
York,  the  city  of  Brooklyn,  Long-Island  City  (formerly 
called  Astoria),  Jersey  City,  and  Hoboken,  give  you  a larger 
population  than  the  whole  State  of  Massachusetts. 

Q.  Well,  that  circle  would  be  how  much? 


39 


A.  Six  miles  from  City  Hall. 

Q.  What  is  the  population  of  New  York  City? 

A.  One  million  forty-six  thousand. 

Q.  (By  Mr.  Merrill.)  How  many  depots  are  there  in 
our  city  limits,  on  the  south  side  ? 

A.  Thirty-one  ; but  there  are  fifty  stations  in  a less  dis- 
tance than  Manhattan  Island.  Remember,  this  includes 
the  stations  in  Quincy  and  Brookline. 

Q.  (By  Mr.  Welch.)  You  haven’t  gone  out  to  Arling- 
ton, or  Belmont,  or  Waltham  ? 

A.  No,  sir;  but  I am  very  particular  for  our  section. 
Southward  the  star  of  empire  takes  its  way,  in  Boston ; 
and  I don’t  want  it  stopped  by  an  elevated  road  going 
through  our  best  street. 

Q.  You  have  not  made  any  calculation  about  the  stations 
on  the  north  ? 

A.  No,  sir:  the  growth  has  stopped  at  the  north.  You 
go  outside  of  Boston  into  Somerville,  and  perhaps  it  is 
different.  I only  know  in  a general  way  about  the  other 
parts  of  the  city. 

[Adjourned.] 


Friday,  Feb.  21. 

Mr.  Morse.  Mr.  Merrill  is  not  present,  but  I think  I will 
go  on.  This  map  represents  the  stations  outside  of  the  limits 
of  the  city.  There  are  thirty-one  steam  stations  within  the 
limits  of  the  city  of  Boston,  outside  of  the  main  depots. 
There  are  fifty  stations  within  a circle  of  five  miles,  in  the 
southern  portion  of  the  city.  On  the  other  side  of  Charles 
River  I understand  there  are  people  who  will  show  what 
accommodations  are  there.  I appear  more  particularly  to 
oppose  the  elevated  railroad  running  through  Boston  High- 
lands, formerly  Roxbury.  On  the  line  as  laid  out,  or  as 
suggested  by  Mr.  Powers  the  other  day,  starting  from  War- 
ren Street,  at  the  corner  of  Clifford,  and  running  to  Hay- 
market  Square,  every  party  that  I have  seen  upon  the  line 
on  Warren  Street;  Roxbury,  — which  is  a street  the  widest 
portion  of  it  sixty  feet  wide,  and  in  some  portions  fifty-four 
or  fifty-five  feet  wide,  as  opposite  Walnut  Avenue,  — every 
party  I have  seen  is  opposed*,  in  toto , to  an  elevated  railroad 
going  through  that  street.  If  the  road  should  be  built  as 


40 


suggested  by  Mr.  Powers,  the  cars  being  ten  feet  wide,  — 
though  they  shrink  every  day,  and  the  other  day  got  down 
to  six  feet  wide,  — but  it  is  to  be  a single-track  railroad,  set 
on  posts  on  the  sidewalk;  and  on  a street  sixty  feet  wide 
the  sidewalks  are  ten  feet  wide,  and  the  cars  would  come  in 
very  near  the  buildings.  In  some  cases  bay-windows  would 
have  to  be  cut  off.  We  have  also  a number  of  fine  trees  on 
Warren  Street  that  would  have  to  be  cut  down.  There  are 
some  on  the  Neck ; and  if  this  scheme  should  be  adopted  it 
would  necessitate  the  cutting-down  of  the  trees  the  entire 
length  of  the  street,  the  trees  being  set  on  the  sidewalks  by 
the  edgestones.  People  oppose  it  on  that  ground. 

Q.  (By  Mr.  Merrill.)  Would  it  affect  those  blocks  of 
Dr.  Kennedy’s? 

A.  Well,  Dr.  Kennedy’s  block  is  built  immediately  on  the 
line  of  the  street.  Warren  Block  is  on  the  line  of  the  street. 
He  is  planning  to  build  on  Warren  Avenue,  on  the  line  of 
the  street ; but  it  will  probably  never  be  built  if  this  elevated 
railroad  goes  through  there.  Beyond  there,  the  dwelling- 
houses  set  back  a little  from  the  street,  — some  six,  eight,  or 
ten  feet,  — but  they  do  not  want  to  be  obstructed.  I have 
vacant  land  to  sell  on  the  line  of  that  street ; and  the 
parties  owning  it,  living  in  New  Hampshire,  wrote  me 
the  other  day,  and  wanted  me  to  oppose  the  elevated 
railroad.  The  general  sentiment  is,  that  we  don’t  want 
an  elevated  railroad  in  that  section.  Thete  is  no  necessity 
for  it  there.  We  have  two  horse-car  lines,  — the  High- 
land and  the  Metropolitan,  — both  running  down  Warren 
Street,  and  now  they  give  ample  accommodation.  The 
Highland  has  been  running  six  years,  I think,  and  we  have 
increased  a great  deal.  Then,  again,  there  is  a difference  be- 
tween New  York  and  Boston.  The  streets  of  Boston  are 
narrow,  and  we  haven’t  any  room  for  steam-cars.  The 
streets  of  New  York  are  wide. 

Q.  This  passes  right  by  Dr.  Kennedy’s  residence  ? 

A.  Yes,  sir;  he  owns  on  Warren  Street  nine  or  ten  es- 
tates. He  owns  an  estate  on  Washington  Street,  near  the 
corner  of  Chester  Park.  He  owns  an  estate  on  Warren 
Street,  — Kennedy  Hall,  89  to  97  Warren  Street.  He  owns 
Warren  Block,  110  and  113  Warren  Street;  a lot  of  land  on 
the  corner  of  St.  James  Street ; a lot  of  land  on  the  corner 


41 


of  Walnut  Avenue  and  Warren  Street ; a large  estate  on  the 
corner  of  Clifford  and  Waverley  Streets  ; a vacant  lot  of  land 
on  Woodbine  Street ; a large  lot  of  land  just  opposite  Grove 
Hall  in  Dorchester. 

Q.  He  must  own  three  thousand  feet  of  frontage  ? 

A.  That  family  represent  about  $400,000  worth  of  real 
estate  on  Warren  Street.  They  oppose  elevated  railroads, 
and  all  their  property  would  be  affected  by  elevated  railroads. 
There  are  other  men.  Mr.  W.  H.  Milton  owns  the  City 
Hotel  estate.  He  is  in  New  York;  but  I had  a letter  from 
him  the  other  day,  telling  me  to  oppose  the  elevated  road 
night  and  day. 

Q.  (By  Mr.  Whittier).  Where  is  that  letter  ? 

A.  It  is  at  my  office. 

Mr.  Whittier.  Well,  don't  give  us  hearsay  evidence. 

Mr.  Welch.  I would  like  to  know  what  we  have  had  but 
hearsay.  You  read  from  newspapers,  and  I dare  say  you 
wrote  the  articles. 

Mr.  Morse.  Mr.  N.  J.  Bradlee  owns  at  the  corner  of 
Dudley  and  Warren  Streets  the  finest  building  in  the  High- 
lands. Mr.  Sheaf e owns  Hotel  Comfort,  the  Washington 
Building,  and  Hotel  Dartmouth.  Mr.  Walker  owns  a large 
estate  on  Warren  Street.  In  fact,  every  man  I have  seen  on 
Warren  Street  is  opposed  to  this  railroad.  I have  not  seen  a 
single  man  who  is  not  opposed  to  it. 

Q.  (By  Mr.  Merrill.)  What  effect  do  you  think  it 
would  have  upon  my  estate  ? 

A.  It  would  ruin  it  for  a place  of  first-class  residence,  as 
nice  a place  as  there  is  on  the  avenue.  In  fact,  every  thing 
on  Warren  Street  is  as  nice  as  on  any  street  in  Boston ; it  is 
high  land,  and  it  is  rocky  land  : so,  if  the  testimony  given  the 
other  day  is  true  (and  no  doubt  it  is),  if  the  rail-posts  were 
set  on  the  solid  rock  it  would  make  still  more  noise  than  if 
set  on  soft  land.  There  is  not  any  question  but  that  prop- 
erty must  be  damaged  by  elevated  roads  on  narrow  streets. 
We  have  grown  in  this  part  of  the  city.  A majority  of  the 
people  of  Boston  reside  south  of  Dover  Street.  I made  an 
estimate  of  the  population  the  other  day.  Taking  South 
Boston,  the  South  End,  Roxbury,  Dorchester,  and  West  Rox- 
bury,  and  running  a line  across  the  Back  Bay,  I found  that 
some  half  the  people  of  the  city  reside  south  of  Dover  Street. 


42 


Q.  (By  the  Chairman.)  Are  the  existing  steam  and 
street  railway  lines  sufficient  to  accommodate  the  people  in 
that  part  of  Boston  ? 

A.  I never  heard  any  complaint.  It  would  be  a matter 
of  guess-work,  but  I should  say  we  have  four  times  the  num- 
ber of  cars  on  Warren  Street  that  we  used  to  have ; in  fact, 
I know  that.  There  are  six  times  the  number  of  cars  run- 
ning on  Warren  Street  to-day  that  there  was  five  years  ago. 

Q.  And  in  your  opinion  there  are  a sufficient  number  of 
cars  of  both  kinds  to  accommodate  all  those  who  desire  to 
ride  ? 

A.  The  present  population  can  be  accommodated.  The 
time  may  come  when  we  shall  need  something  else : but  the 
time  has  not  come  yet. 

Q.  (By  Mr.  Merrill.)  Before  the  Highland  road  was 
chartered,  was  there  some  proposition  to  build  a steam-road? 

* A.  Oh,  yes,  sir ! 

Q.  What  was  that? 

A.  The  first  was  to  start  a steam-railroad  from  the  corner 
of  St.  James  and  Washington  Streets,  run  around  what  we  call 
Tommy’s  Rocks,  cross  Warren  Street  and  Walnut  Avenue, 
and  connect  with  the  Hartford  & Erie  Railroad  in  the  city 
proper.  Another  was  to  strike  the  Boston  & Providence 
Railroad,  and  have  a depot  near  the  residence  of  William 
Whiting. 

Mr.  Merrill.  On  Warren  Street,  where  I live,  I am 
within  six  or  seven  minutes  of  the  Hartford  & Erie  Bird- 
street  station,  and  I can  walk  it  in  five  minutes. 

Mr.  Morse.  I am  glad  you  asked  that  question,  because 
I have  here  a map  of  the  route  proposed.  On  Washington 
Street  it  is  only  five  minutes’  walk  over  to  the  Providence 
station.  Four  years  ago  there  was  a proposition  to  build  a 
steam-railroad  starting  from  Jamaica  Plain,  going  out  across 
Jamaica-Plain  line  to  the  land  of  Quincy  A.  Shaw,  keeping 
down  below  Hog  Bridge,  across  the  Providence,  and  across 
Myrtle  Street,  to  the  edge  of  Washington  Park,  Walnut 
Avenue,  coming  up  to  W arren  Street,  and  then  to  the  Hart- 
ford & Erie  Railroad.  It  would  be  a steam-railroad  of  about 
three  miles ; it  would  bring  in  this  vacant  land  within  three 
miles  from  where  we  now  stand.  They  thought  that  perhaps 
we  should  need  steam,  and  they  started  this.  I made  an  esti- 


43 


mate  for  the  land-damages,  which  amounted  to  $600,000,  and 
they  said  it  would  not  pay.  Now  these  gentlemen  come  in 
here  to  grab  a route  worth  a million,  for  nothing.  They  have 
not  got  it  yet,  however. 

Q.  (By  Mr.  Whittier).  You  don’t  blame  us  for  trying? 

A.  Oh,  no  ! business  is  dull  this  year,  and  lawyers  take 
chances. 

Q.  How  is  it  in  real  estate  ? 

A.  Very  dull.  It  would  be  duller  on  Warren  Street  if 
this  elevated  road  went  through.  This  is  a profile  drawn 
under  the  direction  of  William  E.  Baker.  The  time  may 
come  when  we  have  one  hundred  thousand  population  in 
that  locality,  and  may  need  this  steam-road  I speak  of. 

Q.  (By  the  Chairman.)  Any  thing  further,  Mr.  Morse? 

A.  I have  nothing  more. 

The  Chairman.  Is  there  any  thing  more  you  want  to  ask 
him,  Mr.  Merrill  ? 

Mr.  Merrill.  I think  that  is  all. 

The  Chairman.  Now  gentlemen  on  the  other  side,  if 
they  want  to  cross-examine  Mr.  Morse,  may  do  so. 

Q.  (By  Mr.  Whittier.)  How  long  have  you  been  a 
resident  of  the  Highlands  ? 

A.  Forty  years. 

Q.  You  are  acquainted  with  the  property  ? 

A.  Thoroughly  so. 

Q.  How  much  unoccupied  land  is  there  in  that  vicinity, 
suitable  to  be  built  upon  ? 

A.  I don’t  know. 

Q.  How  many  more  people  can  be  accommodated  in  Rox- 
bury? 

A.  I should  say  we  had  room  for  three  times  the  popula- 
tion we  have  now. 

Q.  They  have  all  the  facilities  they  want  for  getting  into 
Boston  ? 

A.  I think  so. 

Q.  The  Highland  road  did  it  ? 

A.  The  Highland  started  it. 

Q.  The  competition  which  you  get  did  it?  You  think  it 
is  so  far  along  it  would  not  do  you  any  good?  You  said 
yesterday,  and  you  said  something  more  this  morning,  about 
the  difference  between  New  York  and  Boston.  I understand 


44 


you  to  say  that  because  New  York  is  long  and  narrow,  and 
Boston  spreads  out,  that  that  which  is  a necessity  in  New 
York  is  not  a necessity  in  Boston  : is  that  so  ? 

A.  I think  it  is. 

Q.  What  do  you  think  about  comparing  Boston  with 
Brooklyn  ? 

A.  It  does  not  exist  in  Brooklyn : there  is  great  oppo- 
sition to  it. 

Q.  I am  talking  facts. 

A.  You  are  getting  into  theories. 

Q.  You  are  not  well  acquainted  with  Brooklyn  ? 

A.  Not  so  well. 

Q.  Do  you  know  any  thing  about  Philadelphia?  Do  you 
think  they  need  an  elevated-  railroad  in  Philadelphia  ? 

A.  I think  not.  Philadelphia  is  a pretty  large  city,  and 
perhaps  they  may  need  it. 

Q.  You  did  not  know  that  they  were  moving  for  an  ele- 
vated road  in  Philadelphia? 

A.  They  are  moving  here  for  it. 

Q.  And  are  going  to  have  it  ? 

A.  I did  not  know  it. 

Q.  You  did  not  know  there  was  going  to  be  an  elevated 
road  in  Brooklyn  ? 

A.  I knew  there  was  opposition  to  it.  I read  the  papers. 
There  is  a great  deal  of  feeling  out  there,  almost  as  much  as 
in  Boston. 

Mr.  Merrill.  Boston  people  are  on  there  fighting  for  the 
road,  but  nobody  in  Brooklyn  favors  it. 

Q.  (By  Mr.  Whittier.)  Your  theory  is,  that  where  a 
city  is  long  and  narrow,  with  the  business  at  one  end  and  the 
residences  at  the  other,  it  might  be  a good  thing  ? 

A.  And  with  no  steam  depots  in  the  heart  of  the  city  — 
put  it  altogether;  yes,  sir.  I say  there  maybe  a necessity 
for  a steam  road.  If  I lived  in  New  York,  and  owned  prop- 
erty on  the  line  of  the  railroad,  I should  oppose  it. 

Q.  I have  no  doubt — for  the  same  considerations? 

A.  Yes,  I would.  It  would  affect  the  value  of  property. 

Q.  You  think  it  might  be  a necessity? 

A.  I think  it  is  a necessity  to  keep  the  population  of 
New  York  on  the  island,  and  to  build  up  the  suburbs  as  they 
have  built  up  Jersejr  City  and  Brooklyn.  They  have  lost 
their  population  of  people  who  do  business  in  New  York. 


45 


Q.  Population  is  increasing  in  New  York  ? 

A.  Yes,  sir,  it  is  increasing. 

Q.  Is  it  not  decreasing  ? 

A.  I haven’t  seen  any  such  figures  ; but  the  suburbs  are 
increasing  to  a larger  extent. 

Q.  Are  you  prepared  to  say  that  a state  of  things  might 
not  arise,  wherein  the  public  convenience  might  not  demand 
that  some  of  the  property-holders  should  give  way? 

A.  I should  say  that  in  the  city  of  Boston,  in  the  locality 
I am  speaking  more  particularly  about,  I do  not  think  any 
state  of  affairs  would  arise  in  which  we  would  need  a steam 
elevated  railroad  from  the  Highlands. 

Q.  You  don’t  think  so? 

A.  No,  sir ; because  we  can  get  in  here  by  running  a steam- 
railroad  on  the  ground,  where  it  belongs. 

Q.  But  you  think  the  time  is  coming  when  they  have  got 
to  have  more  steam  communication  at  the  Highlands  than 
they  have  now? 

A.  There  may  be  a time  when  a new  steam-railroad  will 
be  needed  to  connect  the  present  steam-railroads  that  exist, 
from  the  Boston  & Providence  to  the  Hartford  & Erie. 

Q.  Don’t  you  think  that  you  might  have  stated  so  ? 

A.  No,  sir : I never  thought  we  needed  it,  because  the  lay 
of  the  land  is  such  that  you  cannot  get  a railroad  within  half 
a mile. 

Q.  Are  you  quite  sure  about  it  ? 

A.  Yes,  sir. 

Q.  What  did  you  say  in  1872? 

A.  I said  that  some  time  there  might  be  a necessity  for  a 
steam-railroad. 

Q.  You  don’t  think  so  now  ? 

A.  I said  so,  and  produced  that  plan.  That  was  thought 
of  four  years  ago,  and  I made  the  estimate  of  land-damages. 

Q.  Is  that  the  plan  of  the  road  thought  of  at  the  time  the 
application  was  made  for  the  charter  of  the  Highland  road  ? 

A.  No,  sir:  there  was  another  steam-railroad  projected 
before  the  Highland  Railroad  was  built ; and  the  legislature 
granted  a bill,  I think,  about  1867  or  1866,  to  built  a steam 
road  to  start  from  a station  at  the  corner  of  St.  James  Street 
and  Shawmut  Avenue,  now  Washington  Street. 

Q.  If  I correctly  understand  the  testimony  that  you  gave 


46 


before  this  committee  in  the  winter  of  1872,  I think  you 
stated  that  you  agreed  with  Mr.  Ritchie,  and  Mr.  Ritchie  had 
stated  that  he  thought  the  time  was  coming  when  steam  com- 
munication with  the  Highlands  would  be  necessary? 

A.  I stated  in  1872,  if  I remember  correctly,  that  we 
needed  more  accommodations  from  the  horse-railroads.  We 
were  having  about  eight  cars  on  Warren  Street;  and  if  you 
will  read  my  testimony  you  will  see  what  I said. 

Mr.  Whittier.  I would  like  to  read  a paragraph  from 
Mr.  Ritchie’s  testimony  first.  Mr.  Ritchie  said : [Reads.] 

Q.  (By  Mr.  Whittier.)  Have  I misstated  your  testi- 
mony, Mr.  Morse  ? Did  that  reporter  misstate  it  ? 

A.  Yes,  sir:  that  report  was  made  by  the  Metropolitan 
Railroad  Company.  That  is  not  half  my  testimony  : I was  on 
the  stand  an  hour  and  three-quarters.  I said,  no  doubt  we 
did  need  steam;  I saj^  so  to-day:  but  we  don’t  need  steam 
upon  our  main  avenues.  When  we  want  steam,  let  them  buy 
the  right  of  way. 

Q.  Down  Washington  Street  ? 

A.  You  cannot  buy  it  down  Washington  Street. 

Q.  You  don’t  want  us  to  go  down  Washington  Street? 

A.  No. 

Q.  You  have  had  a great  deal  of  talk  at  the  Highlands 
about  the  necessity  for  this  road,  haven’t  you  ? 

A.  I have  had  some. 

Q.  You  have  had  the  same  experience  that  that  stenog- 
rapher had  in  New  York,  — you  could  not  find  any  one  in 
favor  of  it?  I refer  to  what  you  said  yesterday. 

A.  I say,  at  the  time  of  the  charter  of  the  Highland  Rail- 
road there  was  talk  about  such  a thing,  but  the  people  would 
not  approve  of  it. 

Q.  Haven’t  you  heard  of  a single  individual*  Mr.  Morse* 
who  is  in  favor  of  an  elevated  road  to  the  Highlands? 

A.  I haven’t  seen  any.  I have  seen  people  come  into  the 
office,  and  say,  “ There  is  no  danger  of  getting  this  elevated 
road?”  and  I said,  “No,  I don’t  think  there  is.” 

Q.  Then  you  went  on,  and  asked  them  if  they  thought 
there  was  danger  ? 

A.  I asked  them  what  they  would  think  about  it,  and 
they  would  tell  me. 

Q.  Then  you  are  a man  of  large  acquaintance,  and  you 


47 


haven’t  found  a man  in  favor  of  an  elevated  road  in  the 
Highlands  ? 

A.  Not  on  that  location.  I represent  people  owning  prop- 
erty on  Warren  Street  more  than  any  other  location,  and  they 
are  opposed  to  it. 

Q.  They  are  opposed  to  having  it  on  Warren  Street? 

A . Yes,  sir:  I also  object  to  it  personally  from  being 
located  on  Harrison  Avenue,  because  I have  property  there. 

Q.  Now,  your  theory  is  that  the  men  on  the  line  of  the 
road  are  the  men  to  control  this  entire  thing  ? 

A.  Oh  ! by  no  means. 

Q.  If  that  is  not  it,  what  is  it  ? 

A.  The  people  of  the  Highlands  are  opposed  to  having 
their  streets  used  for  elevated  railroads,  and  to  taking  the 
public  streets,  and  using  them  for  steam-cars. 

Q.  There  is  no  objection  to  their  being  used  for  surface- 
cars  ? 

A.  Oh,  no ! that  is  only  improved  pavement.  Anybody 
can  use  it. 

Q.  Who  is  the  Dr.  Kennedy  you  refer  to  ? 

A.  He  is  a gentleman  who  owns  a large  amount  of  prop- 
erty in  Roxbury.  I purchase  property  and  do  business  for 

him. 

Q.  You  are  his  representative  ? 

A.  His  son  represents  him.  Dr.  Kennedy  is  in  Europe. 
His  son  came  to  see  me  the  other  day.  I sell  him  real  estate 
when  he  wants  it : I sold  him  fifty  thousand  dollars’  worth 
last  year. 

Q.  How  long  does  it  take  a car  to  make  a trip  from 
Grove  Hall  to  Scollay  Square  ? 

A.  I don’t  know  the  running-time. 

Mr.  Merrill.  I can  give  you  that  exactly. 

Q.  (Ity  Mr.  Whittier.)  Do  you  think,  if  the  means  of 
transportation  could  be  furnished  to  the  people  of  the  High- 
lands that  would  enable  them  to  get  down  town  in  one-third 
of  the  time  with  twice  as  much  comfort,  that  would  be  any 
advantage  to  the  people  of  the  Highlands  ? 

A.  Oh!  if  such  a thing  could  be  devised  which  would  be 
no  damage  to  property. 

Q.  Never  mind  about  the  damage  to  property:  just 
answer  my  question.  Do  you  think  it  would  be  any  ad- 
vantage ? 


48 


A.  Why,  any  man  would  say  it  would  be  an  advantage. 
If  he  takes  half  an  hour  now  to  get  down  town,  and  could 
get  down  town  in  fifteen  minutes,  he  would  be  benefited  by 
fifteen  minutes. 

Q.  Would  such  facilities  improve  the  value  of  property, 
generally  speaking,  in  the  Highland  district  ? 

A.  Well,  in  some  locations  it  might. 

Q.  Wouldn’t  it,  except  in  the  precise  localities  through 
which  this  line  passed  ? 

A.  No,  sir. 

Q.  You  are  sure  about  that  ? 

A.  Yes,  sir. 

Q.  What  do  you  base  that  opinion  on  ? 

A.  Anywhere  near  the  railroad,  property  would  be  in- 
jured ; and  on  the  main  avenues  land  is  pretty  well  filled  up. 

Q.  Is  there  not  room  enough  in  the  Highland  district  to 
support  a population  three  times  as  large  as  it  now  has  ? 

A.  Yes,  sir,  taking  the  whole  of  it. 

Q.  And  wouldn’t  it  be  likely  to  fill  up  ? 

A.  I don’t  think  it  would  increase  any  more  than  it  has. 

Q.  You  think  it  has  got  to  the  limit? 

A.  No,  no.  We  have  gained  seventy-seven  per  cent  in 
ten  years,  and  we  propose  to  gain  the  same  in  the  next  ten 
years. 

Q.  An  elevated  railroad  would  not  help  it? 

A.  The  accommodations  we  have  are  ample  to-day.  Our 
increase  in  population  is  owing  to  the  fact  that  we  have  no 
railroad-crossings  at  grade  nor  any  stream  to  cross.  I think 
an  elevated  railroad  would  keep  people  from  moving  out 
there. 

Q.  You  are  in  such  a comfortable  condition  that  you 
don’t  want  any  thing  at  present,  and  in  all  human  proba- 
bility you  never  will  ? 

A.  I do  not  know  what  we  will  want. 

Q.  You  thought  six  years  ago  that  you  wanted  steam. 
You  don’t  think  so  now? 

A.  You  get  steam  and  elevated  railroads  mixed  up. 

Q.  No,  I do  not. 

A.  There  is  a difference  between  steam  and  elevated 
roads. 

Q.  Isn't  the  difference  the  difference  between  coming 
down  quickly  and  slowly  ? 


49 


A.  No,  sir : we  can  get  down  in  twenty-five  minutes. . 

Q.  Is  it  a difference  of  population  ? 

A.  The  streets  of  Boston  are  not  wide  enough  to  take 
this  road.  We  have  thirty-one  steam  stations  now  in  Boston. 
We  have  a number  in  the  Highlands.  There  is  a large  tract 
of  land  that  may  need  a steam-railroad  to  connect  it  with  the 
Hartford  & Erie  and  Providence  Railroads,  which  can  be 
built.  That  will  take  care  of  our  surplus. 

Q.  Then  you  do  not  think  there  is  any  necessity  at  the 
present  time  for  an  increase  of  facilities  for  getting  down 
town  ? 

A.  Not  at  present. 

Q.  You  think  people  are  satisfied  to  take  half  an  hour? 

A.  It  takes  me  about  twenty-five  minutes. 

Q . You  think  it  is  perfectly  satisfactory? 

A.  Certainly. 

Q.  It  is  of  no  benefit  whatever  to  lessen  that  time? 

A.  It  gives  an  opportunity  for  conversation,  and  to  read 
the  morning  paper. 

Q.  Do  you  think  you  have  all  the  competition  that  is 
needed? 

A.  I think  so. 

Q.  There  is  no  need  of  any  more  ? 

A.  I don’t  think  there  is : we  have  got  two  live  lines. 

Q.  There  was  one  other  point.  You  thought  it  was  going 
to  injure  property  at  the  Highlands  by  running  over  the 
sidewalks,  cutting  down  trees,  and  making  things  unpleasant 
generally.  How  wide  is  Warren  Street? 

A.  The  widest  portion  is  sixty  feet. 

Q.  What  is  the  narrowest  ? 

A.  Fifty-two  feet. 

Q.  Is  it  absolutely  necessary  for  an  elevated  road  to  run 
on  the  sidewalk? 

A.  No  ; I do  not  know  as  it  would  be  : if  they  had  money 
enough,  they  could  buy  the  whole  street,  and  put  it  in  the 
middle.  You  would  want  to  buy  all  the  property  on  the 
side  of  it. 

Q.  Why? 

A.  To  pay  for  the  damages. 

Q<  Don’t  you  think  the  law  will  take  care  of  that  ? 

A . I don’t  know : if  I owned  property,  and  you  had  a 
charter,  I would  find  out. 


50 


Q.  You  think  the  railroad  could  be  put  in  the  middle  of 
the  street? 

A.  Yes,  sir. 

Q.  Well,  then  the  objection  with  regard  to  the  trees  would 
be  obviated? 

A.  You  would  not  have  to  cut  down  quite  so  many. 

Q.  Have  you  got  trees  in  the  middle  of  the  street  out 
there  ? 

A.  No  ; but  the  branches  come  way  over.  Come  out  and 
see  it. 

Q.  It  could  be  put  in  the  middle  of  the  street? 

A.  It  could  be  put  on  the  sidewalk. 

Q.  Couldn’t  it  be  put  in  the  middle  of  the  street? 

A.  Yes,  sir. 

Q.  Have  you  seen  them  in  New  York? 

A.  I have,  sir. 

Q.  You  admit  that  by  putting  it  in  the  middle  of  the 
street,  the  objection  would  not  be  so  great  ? 

A.  If  the  road  was  in  the  middle  of  the  street,  the  cars 
would  not  come  so  near  the  houses. 

Q.  And  the  trees  are  on  the  sidewalk  ? 

A.  That  is  true;  but  the  nuisance  would  exist  in  the 
street,  with  steam-cars  elevated  sixteen  or  seventeen  feet  in 
the  air. 

Mr.  Merrill.  I will  admit  that  I would  prefer  to  have 
it  in  the  middle  of  the  street,  rather  than  on  the  sidewalks, 
I should  prefer  to  have  your  scheme,  rather  than  that  of  Mr. 
Powers. 

Mr.  Whittier.  Well,  of  course  it  is  understood  that 
there  is  no  practical  difficulty  in  putting  it  in  the  middle  of 
a street.  In  general  they  are  put  in  the  middle  of  the  street, 
unless  it  is  a very  wide  street. 

Q.  (By  Mr.  Whittier.)  If  the  road  were  put  in  the 
middle  of  the  street,  and  if,  by  these  increased  facilities, 
people  could  get  down  town  in  one-third  of  the  time,  with 
greater  comfort,  and  the  same  expense,  what  would  be  the 
effect  upon  the  surface-roads,  in  your  opinion  ? 

A.  Well,  I don’t  know  : I never  ran  a surface-road. 

Q.  In  your  opinion  ? 

A.  I don’t  think  it  would  be  so  convenient  as  the  present 
accommodations  that  we  have. 


51 


Q.  It  would  not  make  much  difference  ? 

A.  It  would  not  be  so  convenient. 

Q.  Well,  of  course,  if  we  had  two  roads  running,  and  you 
could  get  down  town  in  one-third  the  time  at  the  same  ex- 
pense on  the  elevated  road,  to  some  extent  it  would  interfere 
with  the  horse-railroads  ? 

A.  I think  so. 

Q.  But  you  do  not  think  it  would  affect  the  bulk  of  the 
travel  ? 

A.  Well,  in  some  locations  it  might,  and  in  some  it  might 
not. 

Q.  But  you  don’t  agree  with  our  brother  Merrill,  that  it 
would  ruin  the  horse-railroads  ? 

A.  I shouldn’t  wonder  if  he  is  right.  He  most  always  is . 

Q.  But  you  don’t  think  so  ? 

A.  I have  not  examined. 

Q.  You  have  not  formed  an  opinion? 

A.  I am  talking  about  real  estate,  which  I think  I know 
something  about. 

Q.  Do  you  know  any  thing  about  real  estate  in  Cam- 
bridge ? 

A.  No,  sir. 

Q.  Or  the  facilities  for  getting  there  ? 

A.  No,  sir. 

Q.  Then  your  objections  are  those  of  people  on  Warren 
Street  ? 

A.  And  at  the  South  End,  out  on  the  Neck,  and  up  that 
way. 

Q.  You  represent  property  on  Harrison  Avenue,  Warren 
Street,  and  Washington  Street.  Other  than  that,  you  have 
no  objection  ? 

A.  Yes,  sir,  a general  objection. 

Q.  What  is  that  general  objection? 

A.  The  general  objection  is  that  it  decreases  the  value  of 
property  wherever  the  road  runs. 

Q.  What  makes  you  think  so  ? 

A.  I know  so. 

Q . How  ? 

A.  By  observation. 

Q.  Where  ? 

A.  In  New  York. 


52 


Q.  How  long  has  your  observation  extended  in  New 
York? 

A.  W ell,  more  or  less,  for  fifteen  years. 

Q.  I mean,  in  regard  to  elevated  roads  ? 

A.  Every  time  I go  to  New  York  I ride  on  one. 

Q.  How  much  depreciation  of  property  on  account. of 
them  do  you  know  of  in  New  York  ? How  long  have  you 
been  examining  that  subject  ? 

A.  From  the  first  time,  seven  or  eight  years  ago,  when  I 
saw  the  Greenwich  road.  I looked  it  over  then,  and  I said  to 
myself,  “ I hope  they  will  never  try  to  have  one  in  Boston.” 

Q.  You  think  it  depreciated  property  on  Ninth  Avenue  ? 

A.  T have  no  question  about  it. 

Q.  But,  besides  your  experience  on  Greenwich  Street  and 
on  Ninth  Avenue,  what  other  experience  have  you  had? 

A.  I have  rode  on  the  Third-avenue  road. 

Q.  How  long  have  you  been  examining  that? 

A.  I never  rode  on  that  but  once. 

Q.  As  a matter  of  fact,  it  has  not  been  in  operation  more 
than  six  months  ? 

A.  I think  I rode  there  last  September  or  December. 

Q.  Do  you  think  it  is  safe  to  form  an  opinion,  which  is  to 
be  really  an  opinion,  on  six  months’  experience  ? 

A.  I don’t  think  there  is  a man  that  makes  real  estate  a 
study,  who  has  seen  an  elevated  railroad  in  New  York,  who 
will  not  arrive  at  the  same  conclusion : that  a road  running 
seventeen  feet  up  in  the  air,  with  steam-cars  going  past  the 
front  doors  and  front  windows,  is  a damage  to  property.  I 
think  it  is  fair  to  form  an  opinion. 

Q.  Now,  I will  ask  you  to  answer  that  question  over 
again.  Do  you  think  it  is  safe  for  a man  of  large  experience 
to  form  and  express  an  opinion,  on  six  months’  operation  of  a 
road  ? 

A.  I think  it  is  safe  to  form  an  opinion  on  a steam  ele- 
vated railroad,  in  one  week. 

Q.  That  will  not  be  changed  ? 

A.  That  cannot  be  changed.  The  man  does  not  live  that 
will  go  to  New  York,  and  see  them,  and  form  a different 
opinion. 

Mr.  Whittier.  If  you  have  made  up  your  mind  for  all 
time  to  come,  I have  got  through  with  you. 


53 


Mr.  Morse.  There  is  no  doubt  about  it. 

The  Chairman.  Mr.  Powers,  do  you  want  to  ask  any 
questions  of  this  witness  ? 

Mr.  Powers.  I believe  not. 


■ 


4 


I 


